TOBIN v. WAL-MART STORES, INC.

No. 22193-CA.

575 So.2d 946 (1991)

Barbara TOBIN, et vir., Plaintiffs-Appellants, v. WAL-MART STORES, INC., Defendant-Appellee.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied March 28, 1991.


Attorney(s) appearing for the Case

Donald R. Miller, Shreveport, for plaintiffs-appellants.

Mayer, Smith & Roberts by Richard G. Barham, Shreveport, for defendant-appellee.

Before MARVIN, NORRIS and BROWN, JJ.


BROWN, Judge.

This is a lawsuit by plaintiffs, Barbara Tobin and her husband, Mike Tobin, to recover damages sustained when Mrs. Tobin was struck by falling merchandise while shopping in a large self-service store. The trial court found in favor of defendant, Wal-Mart Stores, Inc., and plaintiffs appeal. Finding error, we reverse.

ISSUE PRESENTED

On appeal, plaintiffs assign as error the trial court's failure to find that defendant breached its duty...

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