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SUMMERALL v. OUACHITA PARISH SCHOOL BD.

No. 27643-CA.

665 So.2d 734 (1995)

Roy Dennis SUMMERALL, Sr. on Behalf of Minor Son, Roy Dennis SUMMERALL, Jr., Plaintiff-Appellee, v. OUACHITA PARISH SCHOOL BOARD, Defendant-Appellant.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied January 18, 1996.

Attorney(s) appearing for the Case

Todd G. Newman, Monroe, for Appellant.

Sam O. Henry, III, West Monroe, for Appellee.

Before SEXTON and WILLIAMS, JJ., and SAVOIE, J. Pro Tem.

FELIX H. SAVOIE, Jr., Judge Pro Tem.

The defendant, Ouachita Parish School Board, appeals from a trial court judgment awarding damages to the plaintiff, Roy Dennis Summerall, Jr., for a foot injury. The injury occurred when a portion of a cinder block wall in a locker room fell on the plaintiff as he engaged in horseplay following physical education class. The defendant also argues that the trial court erred in assessing the plaintiff with only fifty percent fault...

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