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CAIN v. WINN-DIXIE LOUISIANA, INC.

No. 98 CA 0792.

757 So.2d 712 (1999)

Augustine CAIN v. WINN-DIXIE LOUISIANA, INC.

Court of Appeal of Louisiana, First Circuit.

Writ Denied December 17, 1999.

Attorney(s) appearing for the Case

C. Jerome D'Aquila, New Roads, for Plaintiff-Appellee Augustine Cain.

David J. Calogero, Lafayette, for Defendant-Appellant Winn-Dixie Louisiana, Inc.

Before: LeBLANC, FOGG, and PARRO, JJ.

PARRO, J.

From a judgment in favor of the plaintiff in this food product case, the defendant store appeals. For the following reasons, this court reverses and renders.

Factual Background and Procedural History

On Sunday, July 10, 1994, Jonas Cain purchased a lemon-coconut flavored cake from the Winn-Dixie store in New Roads, Louisiana. The cake was packaged in a plastic container, which had...

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