McHALE v. SCHWEGMANN BROS. GIANT SUPER MARKETS, INC.

No. 97-CA-788.

722 So.2d 328 (1998)

Edward M. McHALE v. SCHWEGMANN BROS. GIANT SUPER MARKETS, INC.

Court of Appeal of Louisiana, Fifth Circuit.

November 23, 1998.


JUDGMENT ON REHEARING

We have carefully considered the content of Schwegmann's application for a rehearing.

Initially, we note that there is no proffered testimony of Eva Perrilloux in the record regarding her alleged inspection of the isle Edward McHale fell in. On this issue, she did not testify and was therefore not cross-examined as required by C.C.P. art. 1636(B).

An attorney's statement about what Ms. Perrilloux would say does not meet the...

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