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McALLISTER v. COATS

No. 96 CA 1069.

691 So.2d 305 (1997)

Rachel McALLISTER and Douglas McAllister, Individually, and as Administrator of the Estate of his Minor Son, Ryan McAllister v. Russell COATS, Marie Coats, and Rebecca Wolf, Individually, and as Administratrix of the Estate of her Minor Daughter, Jessica Wolf, and State Farm Insurance Company.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied April 25, 1997.

Attorney(s) appearing for the Case

Gary "Ted" Chapman, Amite, for Plaintiffs/Appellees, Rachel McAllister, et al.

Iddo Pittman, Hammond, for Defendants/Appellants, Russell Coats, et al.

Before CARTER, LeBLANC and PARRO, JJ.

LeBLANC, Judge.

The issue in this appeal is whether the trial court erred in finding defendants' property contained an unreasonable risk of harm. After a thorough review of the record, we reverse.

FACTS

On Sunday, March 27, 1994, eight-year-old Ryan McAllister was playing ball with his ten-year-old cousin, Jessica Wolf, in the side yard of the home owned by the children's maternal grandparents, defendants, Russell and Marie Coats. The children, together...

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