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TABARY v. D.H. HOLMES CO., LTD.

No. 88-CA-636.

542 So.2d 526 (1989)

Walter TABARY Jr., Rober Tabary, Lloyd Tabary, Jeanette T. De Vezin, and Lorraine T. Curry v. D.H. HOLMES CO., LTD., and Greater Lakeside Corporation d/b/a Lakeside Shopping Center.

Court of Appeal of Louisiana, Fifth Circuit.

Rehearing Denied May 17, 1989.

Attorney(s) appearing for the Case

Irwin R. Sanders, Metairie, for plaintiffs-appellants.

Bruce J. Borrello, Metairie, for defendants-appellees.

Before CHEHARDY, GAUDIN and WICKER, JJ.

GAUDIN, Judge.

Appellants are the surviving children of the late Walter Tabary Sr., who was knocked down and seriously injured while in the D.H. Holmes store at the Lakeside Shopping Center, Metairie, Louisiana. Mr. Tabary was struck by a fast-moving and unidentified male who fled the accident scene.

On July 29, 1985, a petition was filed in the 24th Judicial District Court which alleged in paragraph VII:

"Your petitioners allege that the defendants...

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