TALAMO v. JOHNSTON

No. 89-CA-400.

554 So.2d 800 (1989)

Patricia O'Neill, wife of/and Angelo TALAMO v. Mary Ann Habeney, wife of/and John R. JOHNSTON, Jr.

Court of Appeal of Louisiana, Fifth Circuit.

December 13, 1989.


Attorney(s) appearing for the Case

Ronald W. Morrison, Metairie, for plaintiffs-appellants.

William F. Bologna, New Orleans, for defendants-appellees.

Before GAUDIN, GRISBAUM and GOTHARD, JJ.


GRISBAUM, Judge.

This appeal concerns the granting of a motion for summary judgment. We set aside and remand.

ISSUE

We are called upon to determine whether there exist issues of fact which would give rise to a cause of action under the "public duty doctrine."

FACTS

This matter commenced as a claim in redhibition by the plaintiffs against their ancestors in title seeking to rescind the sale of their home because of cracking in the walls...

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