KELLEY v. HANOVER INS. CO.

No. 98-CA-506

722 So.2d 1133 (1998)

Shirley KELLEY, Individually and on Behalf of Her Deceased Son, Jason Kelley v. HANOVER INSURANCE CO., Worthington Cyclinders, XYZ Insurance Corporation, Home Depot, U.S.A., The Pit Shop and ABC Corporation.

Court of Appeal of Louisiana, Fifth Circuit.

Writ Denied February 12, 1999.


Attorney(s) appearing for the Case

Kenneth J. Beck, Cheryl A. McAnespy-Smith, Harvey, for Plaintiff-Appellant.

Rodney A. Seydel, Jr., New Orleans, Joseph G. Gallagher, Jr., New Orleans, Lisa A. Montgomery, Metairie, for Defendant-Appellee.

Panel composed of Judges EDWARD A. DUFRESNE, Jr., SOL GOTHARD and MARION F. EDWARDS.


DUFRESNE, Judge.

This is an appeal from a summary judgment dismissing a products liability wrongful death and survival action based on a failure to warn theory. For the following reasons, we affirm the judgment.

The facts are as follows. Shirley Kelley, plaintiff-appellant, bought a "seafood boiling kit" from Home Depot, U.S.A., Inc., consisting of a boiling pot, a burner and a portable propane tank. The tank had...

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