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ZAPPALA v. HOME DEPOT, USA

No. 94-CA-225.

646 So.2d 1162 (1994)

Paula ZAPPALA and Robert Bradford Smith, III v. HOME DEPOT, USA, d/b/a The Home Depot, et al.

Court of Appeal of Louisiana, Fifth Circuit.

Rehearing Denied January 17, 1995.

Attorney(s) appearing for the Case

Frank A. Milanese, Michael F. Somoza, Milanese & Somoza, PLC, New Orleans, for plaintiffs-appellees.

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

Before GAUDIN and GOTHARD, JJ., and THOMAS F. DALEY, J. Pro Tem.

GAUDIN, Judge.

This is an appeal by Home Depot USA, Inc. from a district court judgment awarding $41,720.00 and $8,000.00 to two persons injured in a vehicular accident caused solely by the negligence of a Home Depot driver-employee. A bench trial was held on December 13, 1993 and the judgment signed the following day.

Appellant contends (1) that it was wrongly denied a trial by jury and (2) that the larger award, to plaintiff-appellee Mrs. Paula Zappala,...

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