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HAMMER v. CITY OF LAFAYETTE

No. 86-194.

502 So.2d 301 (1987)

Mary HAMMER, Individually, and Eston and Mary Hammer on Behalf of their Minor Child, Anatole Timothy Hammer, Plaintiffs-Appellees, v. The CITY OF LAFAYETTE, Defendant-Third Party Defendant-Appellant.

Court of Appeal of Louisiana, Third Circuit.

February 4, 1987.

Attorney(s) appearing for the Case

Voorhies and Labbe, Amos H. Davis and Thomas R. Hightower, Lafayette, for defendant-third party defendant-appellant.

Domengeaux & Wright, Thomas R. Duplantier and Bob F. Wright, and David Kaufman, Hank Sheldon Hannah, Kenneth Dejean of Fruge and Dejean, Lafayette, for plaintiffs-appellees.

Before DOUCET, LABORDE and KING, JJ.

KING, Judge.

The issue presented by this appeal is whether or not the trial court was correct in granting a summary judgment based on the non-liability of a third party defendant in an automobile accident for failure of the third party defendant to use a seat belt or child restraint system to restrain her five year old child in her automobile involved in the accident.

Mary Hammer, individually, and Mary and Eston Hammer (hereinafter plaintiffs) on behalf of...

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