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SMITH v. TOYS "R" US, INC.

No. 97 CA 1222.

715 So.2d 1231 (1998)

Sarah K. SMITH and H. David Smith v. TOYS "R" US, INC., ABC Insurance Company, Paula Taylor and John Doe.

Court of Appeal of Louisiana, First Circuit.

June 30, 1998.

Attorney(s) appearing for the Case

Charles A. O'Brien, Baton Rouge, and Maxwell G. Kees, Baton Rouge, for Plaintiffs-Appellees.

William F. Bologna, New Orleans, for Defendant-Appellant Toys "R" Us, Inc.

Before LOTTINGER, C.J., and SHORTESS, CARTER, FOGG and FITZSIMMONS, JJ.

SHORTESS, Judge.

On December 11, 1990, Sara K. Smith (Smith) was Christmas shopping at one of the Toys R Us stores owned by Toys "R" Us, Inc. (defendant), in Baton Rouge, Louisiana. She was in the area of the children's riding toys, shopping for a riding toy for her son. In Toys R Us, unlike most other stores, customers only view the toys on the shelves. The customers then take a specified ticket for the toy of their choice to another area of the store to get the...

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