SIMEON v. DOE

No. 91-CA-0483.

602 So.2d 77 (1992)

Theresa M. SIMEON, et al., v. John DOE, d/b/a The Sweet Pepper Grill, et al.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearings Denied July 15, 1992.


Attorney(s) appearing for the Case

T. Peter Breslin, Chehardy, Sherman, Ellis & Breslin, Metairie, and Scott Labarre, Wendell H. Gauthier, Gauthier & Murphy, Metairie, for plaintiffs/appellants.

Gus A. Fritchie, III, Montgomery, Barnett, Brown, Read, Hammond & Mintz, New Orleans, for defendants/appellees.

Craig R. Nelson, Christina P. Fay, Hulse, Nelson & Wanek, New Orleans, for defendant/ appellant.

H.F. Foster, III, Bienvenu, Foster, Ryan & O'Bannon, New Orleans, for defendant/appellee.

Before BARRY, KLEES, CIACCIO and WARD, JJ., and JAMES C. GULOTTA, J. Pro Tem.


WARD, Judge.

In this lawsuit plaintiffs Theresa Simeon, Floyd Simeon, Jr. and Edward Simeon seek damages for the death of Floyd Simeon, Sr., husband and father, who became ill and ultimately died of a septicemic infection caused by eating raw oysters which contained a rare bacteria, vibrio vulnificus. Mr. Simeon's illness was particularly painful, and the infection was so lethal that amputation of Mr. Simeon's limbs did not stop it. He died of the infection three...

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