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DRATEN v. WINN DIXIE OF LOUISIANA, INC.

No. 94 CA 0767.

652 So.2d 675 (1995)

Stacey DRATEN, Wife of/and Troy Draten, Individually and on Behalf of Their Minor Children, Brittany Draten, Jerric Draten and Troy Draten, Jr. v. WINN DIXIE OF LOUISIANA, INC. and Edisto Manufacturing.

Court of Appeal of Louisiana, First Circuit.

March 3, 1995.

Attorney(s) appearing for the Case

Lester J. Waldmann and Michael S. Zerlin, Gretna, for plaintiffs-appellees Stacey Draten, Troy Draten, Brittany Draten, Jerric Draten and Troy Draten, Jr.

Carlos E. Lazarus, Jr., Houma, for defendant-appellant Winn Dixie of Louisiana, Inc.

William Bradley, Jr. and Kelly A. Robichaux, New Orleans, for defendant-appellee Edisto Mfg. Co. and Cox Wood Preserving Co.

Before WATKINS and FOGG, JJ., and TANNER, J. Pro Tem.

FOGG, Judge.

This appeal concerns the dismissal of a cross-claim by which the seller of a bench, Winn-Dixie Louisiana, Inc. (Winn Dixie), sought to recover damages and attorney's fees under LSA-C.C. art. 2545 from the manufacturer of the bench, Cox Wood Preserving Company (Cox). We reverse.

This action arises out of an accident which occurred on February 23, 1991 at a Winn Dixie store. Stacey Draten was injured when she sat on a picnic bench which was for...

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