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WINSTEAD v. ED'S LIVE CATFISH & SEAFOOD, INC.

No. CA 88 1589.

554 So.2d 1237 (1989)

William WINSTEAD v. ED'S LIVE CATFISH & SEAFOOD, INC., Edward D. Gilliam and Jean Arnold Gilliam, d/b/a Ed's Live Catfish & Seafood, Wilson's Oysters, Inc., the Louisiana Department of Health & Human Resources, the Louisiana Department of Wildlife and Fisheries, Paul Fitch, Raymond Lovell, Nelson Lirette, Charles Lirette, Morris Scott, James Daisy, C.J. Scott, Alex Punch, Curtis Verret, Jr., Lloyd Gates, Earl Brown, Leray Billiot, Roosevelt Falgout, Junios Verret, Roy Billiot, Paul Dion, Donald Dehart, Wilson Voisin, Sr.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied December 15, 1989.

Writ Denied March 9, 1990.

Attorney(s) appearing for the Case

T. Mack Brabham, McComb, Miss., for plaintiff-appellee William Winstead.

Jack Harang, Metairie, Richard Brazan, Baton Rouge, La., for defendant-appellee Louisiana Dept. of Wildlife and Fisheries.

Craig Nelson, New Orleans, for defendant-appellant Louisiana Department of Health and Human Resources.

Carey Gugliemo, Baton Rouge, for defendant-appellee Ed's Live Catfish and Seafood, Edward Gilliam and Jean Arnold Gilliam, Aetna Cas. & Sur. Co.

Before LOTTINGER, CRAIN and LeBLANC, JJ.

LOTTINGER, Judge.

This is an action ex delicto brought by William Winstead against numerous defendants arising from Mr. Winstead's consumption of approximately two dozen raw oysters and his subsequent illness. Due to various settlements and dismissals, the Louisiana Department of Health and Human Resources (DHHR) was the only remaining defendant at the trial of this matter.

The sole issue at trial was whether the DHHR had a duty to warn the plaintiff that...

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