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McCROSSEN v. RENOVATE, INC.

No. 88-CA-125.

528 So.2d 1083 (1988)

Joseph A. McCROSSEN and Dorothy Wells, Wife of Joseph A. McCrossen v. RENOVATE, INC., Walton L. Shaffer, Quality Roofing and Sheet Metal Company, Inc., Frank Castjohn, State Farm Fire & Casualty Company, Gulf States Asphalt Company of Louisiana, and Nord Bitumi, U.S., Inc.

Court of Appeal of Louisiana, Fifth Circuit.

June 29, 1988.

Attorney(s) appearing for the Case

Carl L. Aspelund, New Orleans, for Travelers Ins. Co., plaintiff-in-intervention.

Madeleine Fischer, P. Crowley, New Orleans, for Gulf States Asphalt Co., defendant-appellee.

Robert H. Cooper, Metairie, for State Farm Fire & Cas. Co., defendants-appellees.

Shelley Hammond Provosty, New Orleans, for Quality Roofing and Sheet Metal Co., Inc., defendant-appellee.

Robert E. Couhig, Jr., A. Kirk Gasperecz, New Orleans, for Nord Bitumi, U.S., Inc., defendant-appellee.

Charles A. Boggs, Robert I. Baudouin, New Orleans, for Frank Castjohn and Commercial Union Ins. Co., defendant-appellee.

Clement P. Donelon, Metairie, for plaintiffs-appellants.

Before CHEHARDY, GAUDIN and GRISBAUM, JJ.

GAUDIN, Judge.

Plaintiff Joseph A. McCrossen, a professional fireman, was injured during a twoalarm fire at the residence of Dr. Walton L. Shaffer. The fire started on the roof, where it spread to a liquid petroleum or butane gas tank which had been left on the roof, allegedly due to negligence. The tank exploded, hurting McCrossen.

In due course, motions for summary judgment were filed by (1) Dr. and Mrs. Shaffer, (2) Renovate, Inc, which had been

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