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MAHL v. HIMEL

No. 93-CA-856.

657 So.2d 1386 (1995)

Cherri L. MAHL v. Ed HIMEL, Ed Long, and Harry Lee, Individually and as Sheriff of the Parish of Jefferson.

Court of Appeal of Louisiana, Fifth Circuit.

June 28, 1995.

Attorney(s) appearing for the Case

Ronna M. Steele, Joseph H. Hart, IV, Steele Hart, L.L.P., Robert G. Harvey, Sr., New Orleans, for plaintiff-appellee-appellant.

Franz Zibilich, Lee, Martiny & Caracci, Freeman R. Matthews, Metairie, for defendants-appellants.

Gerald J. Nielsen, Metairie, amicus curiae.

T. Allen Ussry, Metairie, for amicus curiae.

Before KLIEBERT, C.J., and GRISBAUM, DUFRESNE, WICKER and GOTHARD, JJ.

GRISBAUM, Judge.

Defendants appeal the trial court's judgment finding them liable for injuries plaintiff suffered when she was attacked by a police dog.

ISSUE

Whether the actions of a police officer in searching an apparent place of business (where a burglary is suspected) during the early hours of the morning with a police dog were negligent so as to render him liable for the injuries sustained by a person in the building who was attacked...

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