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WHITNEY v. SCHWEGMANN GIANT SUPERMARKETS

No. 88-CA-1142.

538 So.2d 758 (1989)

Mary Moton WHITNEY v. SCHWEGMANN GIANT SUPERMARKETS.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied March 15, 1989.

Attorney(s) appearing for the Case

Samuel Richard Exnicios, Craig S. Sossaman, Liska, Exnicios & Nungesser, New Orleans, for plaintiff/appellee.

George R. Blue, Jr., Blue, Williams & Buckley, Metairie, for defendant-appellant.

Before SCHOTT, C.J., and ARMSTRONG and PLOTKIN, JJ.

SCHOTT, Chief Judge.

Plaintiff suffered an injury to her foot while shopping at defendant's store. She recovered $5,500 in damages which included $557.25 for medical expenses and $4942.75 for general damages. The only issue is whether the general damage award constitutes an abuse of discretion.

On September 22, 1984 at Schwegmann's a jar fell from a shelf and struck plaintiff's foot. She went to a hospital emergency...

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