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GIBBENS v. WENDY'S FOODS, INC.

No. 31,487-CA.

729 So.2d 629 (1999)

Dianne GIBBENS, et ux., Plaintiff-Appellant, v. WENDY'S FOODS, INC., et al., Defendant-Appellee.

Court of Appeal of Louisiana, Second Circuit.

January 20, 1999.

Attorney(s) appearing for the Case

Dennis W. Hallack, Monroe, for Appellant.

Gordon L. James, Monroe, for Appellee.

Before NORRIS, WILLIAMS and STEWART, JJ.

WILLIAMS, Judge.

The plaintiffs, Dianne and Mike Gibbens, appeal the trial court's grant of defendants' motion for judgment on the pleadings, which dismissed, with prejudice, plaintiffs' suit for damages against the defendants, Wendy's Foods, Inc., and its insurer, State Farm Insurance Company. For the following reasons, we reverse and remand.

FACTS

On November 15, 1997, the plaintiffs, Dianne and Mike Gibbens, arrived at Wendy's fast food restaurant...

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