MADDEN v. SAIK

No. CA-6297.

511 So.2d 855 (1987)

Bruce W. MADDEN v. Ana Marie SAIK, d/b/a Sciambra's Restaurant and Bar, and Angelina Casualty Company.

Court of Appeal of Louisiana, Fourth Circuit.

Writ Denied November 6, 1987.


Attorney(s) appearing for the Case

Raymond A. Pelleteri, Ward & Clesi, New Orleans, for appellant.

Kathleen C. Cresson, New Orleans, for appellee.

Before CIACCIO, WILLIAMS and ARMSTRONG, JJ.


CIACCIO, Judge.

Defendant appeals a judgment based upon a jury verdict finding defendant 85% at fault for plaintiff's broken ankle. We find that the evidence does not support a finding of any fault on defendant. We, therefore, reverse.

Plaintiff broke his ankle when he stepped down/jumped backwards from a table in defendant's bar and restaurant. The bar was not open for business at the time. Plaintiff was gratuitously assisting his friend, the restaurant manager...

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