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KING v. HOME DEPOT U.S.A., INC.

Nos. 98 CA 0535, 98 CA 0536.

729 So.2d 1149 (1999)

Hilton KING and Patricia King, Individually and on Behalf of the Estates of Their Minor Children, Emily Denise King and Melanie Elaine King v. HOME DEPOT U.S.A., INC., Sterling Rauschkolb and Xyz Insurance Company. Hilton King and Patricia King, Individually and as Administers of the Estates of Their Minor Children, Emily Denise King and Melanie Elaine King v. Montgomery Elevator Company, Gerald Robert and ABC Insurance Company.

Court of Appeal of Louisiana, First Circuit.

April 1, 1999.

Attorney(s) appearing for the Case

Mary E. Heck Barrios, Denham Springs, for Plaintiffs-Appellants Hilton King, et al.

Marvin H. Olinde, Leah Hippie Mckay, Baton Rouge, for Intervenor-Appellant Liberty Mutual Insurance Company.

W. Chad Stelly, Scott W. McQuaig, Metairie, for Defendants-Appellees Home Depot U.S.A., Inc. and Sterling Rauschkolb.

Ben L. Day, Baton Rouge, for Defendants-Appellees Montgomery Elevator Company, National Union Fire Insurance Company of Pittsburgh, PA, and Gerald Robert.

Before: FITZSIMMONS, GUIDRY, and PETTIGREW, JJ.

PETTIGREW, J.

This tort action arises out of injuries allegedly sustained by plaintiff, Hilton King, while riding as a passenger in an elevator maintained by defendant, Montgomery Elevator Company. The jury found no liability on the part of Montgomery Elevator Company, and a judgment was entered by the trial court dismissing plaintiff's claims. Plaintiff has appealed this judgment. For the reasons set forth below, we affirm.

FACTS AND PROCEDURAL HISTORY<...

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