RETIF v. DOE

No. 93-CA-1104.

632 So.2d 405 (1994)

Donna RETIF, Individually and on Behalf of Her Minor Son, Derek Retif v. John DOE and K-Mart Fashion and Apparel Corporation.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied March 17, 1994.


Attorney(s) appearing for the Case

Richard Tonry, Michael C. Ginart, Jr., Law Office of Tonry and Ginart, Chalmette, for plaintiff-appellee.

Matthew J. Ungarino, David I. Bordelon, Metairie, for defendant-appellant.

Before BYRNES, PLOTKIN and LANDRIEU, JJ.


PLOTKIN, Judge.

Defendant, K-Mart Corporation (K-Mart), appeals a judgment in favor of plaintiff, Donna Retif, individually, and on behalf of her minor son Derek, in the sum of $13,000 general damages and $794 medical expenses for injuries to Derek, which occurred when a shopping cart flipped over on him in the store. We reverse.

On March 25, 1991, between 5 p.m. and 6 p.m., Mrs. Retif, along with her two children, Michael, age 7, and Derek, age 4, entered...

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