BERTINI v. BRITTON

No. 93 CA 0779.

635 So.2d 712 (1994)

Mr. and Mrs. Steven M. BERTINI v. Debra Kay BRITTON, wife of/and Edward William Turncliff, John Pool, South Savings and Loan Association, Sheriff Patrick J. Canulette, and the XYZ Insurance Companies.

Court of Appeal of Louisiana, First Circuit.

April 8, 1994.


Attorney(s) appearing for the Case

Mary Ann M. Swaim, New Orleans, for plaintiffs/appellants.

David P. Salley, New Orleans, for defendant/appellee.

Before LOTTINGER, C.J., and CRAIN and LEBLANC, JJ.


LEBLANC, Judge.

Plaintiffs, Mr. and Mrs. Steven Bertini, appeal a summary judgment dismissing their wrongful death suit against defendant, Henry John Poole. We affirm.

On March 15, 1989, plaintiffs' minor son was killed by a tree which fell from an adjacent lot (Lot 40, County Club Estates) into plaintiffs' yard. At that time, Lot 40 was assessed to defendant, John Poole, in accordance with a tax deed issued on May 31, 1985. This tax deed was issued pursuant...

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