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SIMEON v. DOE

No. 92-C-2353.

618 So.2d 848 (1993)

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

Supreme Court of Louisiana.

Rehearings Denied, June 24, 1993.

Attorney(s) appearing for the Case

Thomas P. Breslin, Jr., Chehardy, Sherman, Ellis & Breslin, Charles S. LaBarre, Wendell H. Gauthier, Gauthier & Murphy, Metairie, for applicant.

Gustave A. Fritchie, III, Montgomery, Barnett, Brown, Reed & Hammond, H.F. Foster, III, Bienvenu, Foster, Ryan & O'Bannon, Craig R. Nelson, Christina Papastavros, Sarah Ann Lowman, Hulse, Nelson & Wanek, New Orleans, for respondent.

Lawrence S. Kullman, New Orleans, Daniel C. Palmintier, Lafayette, Michael C. Palmintier, Baton Rouge, for Louisiana Trial Lawyers Ass'n, amicus curiae.

MARCUS, Justice.*

On September 6, 1986, Floyd Simeon, Sr., age 63, and his son, Edward Simeon, age 38, went to the Sweet Pepper Grill, a restaurant at the River Walk shopping center in New Orleans. They ordered a dozen and a half raw oysters. The oysters were taken from a refrigerated area, shucked in front of them, and were placed on a single tray. Mr. Simeon ate approximately six oysters; his son ate nine or ten. His son testified the...

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