GILLEY v. WENDY'S, INC.

No. 31,353-CA.

723 So.2d 517 (1998)

Leon Craig GILLEY, Plaintiff-Appellant, v. WENDY'S, INC., and State Farm Insurance Company, Defendants-Appellees.

Court of Appeal of Louisiana, Second Circuit.

December 9, 1998.


Attorney(s) appearing for the Case

Myrt T. Hales, Jr., Rayville, Mack E. Barham, Robert E. Arceneaux, Gail N. Wise, New Orleans, Counsel for Plaintiff-Appellant.

Hudson, Potts & Bernstein, By Gordon L. James, Monroe, Counsel for Defendants-Appellees.

Before MARVIN, C.J., and HIGHTOWER and WILLIAMS, JJ.


MARVIN, C.J.

This appeal by plaintiff arises out of his action for slip and fall damages occurring in 1994 against a Wendy's restaurant in Monroe that was initially tried by a jury whose verdict was assailed as inconsistent by each litigant. Some 3½ months after the trial court granted a new trial in June 1997 on motions of plaintiff and defendants, the litigants stipulated they would waive trial by jury and submit the matter to the court for decision on the...

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