QUIGLEY v. T.L. JAMES AND CO., INC.

No. 91-CA-830.

595 So.2d 1235 (1992)

Carole C. QUIGLEY and Bruce Quigley, Sr., Individually and on Behalf of Their Minor Children Pamela Quigley and Bruce Mark Quigley, Jr. v. T.L. JAMES AND COMPANY, INC., New Orleans Private Patrol Service, Inc., Answer Line, Inc. and Cunningham, Inc.

Court of Appeal of Louisiana, Fifth Circuit.

March 16, 1992.


Attorney(s) appearing for the Case

Dermot S. McGlinchey, James M. Garner, Martha M. Young, McGlinchey, Stafford, Cellini & Lang, New Orleans, for defendants/appellants Answer Line, Inc., et al.

Owen W. Joyner, Metairie, for defendant/appellant Continental Ins. Co.

Herman C. Hoffmann, Jr., Alfred R. Gould, Jr., Simon, Peragine, Smith & Redfearn, New Orleans, for defendant/appellee T.L. James & Co., Inc.

Denis Paul Juge, Kelann E. Larguier, New Orleans, for defendant/appellee, Commercial Union Ins. Companies.

Michael J. Mestayer, Franklin G. Shaw, New Orleans, for plaintiffs/appellees/appellants.

Before KLIEBERT, GRISBAUM and GOTHARD, JJ.


GOTHARD, Judge.

This consolidated appeal of two summary judgments arises from a tort suit brought by the victim of an attack during a burglary attempt. We set aside both judgments and remand the case for trial of the merits.

On April 13, 1988, at about 2:00 a.m., Carole Quigley allegedly was beaten and tied up by an unknown assailant during her shift as telephone operator for Answer Line, Inc., an answering service located in the T.L. James Business Park in...

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