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JACKSON v. GARDINER

Nos. 34,643-CW, 34,690-CW.

785 So.2d 981 (2001)

Edward "Eddy" JACKSON, Gwenda Lee Jackson & Matthew Edward Jackson, a Minor, Plaintiffs-Respondents, v. Maynard R. GARDINER, Jr., & Prudential Property and Casualty Insurance Company, Defendants-Applicants.

Court of Appeal of Louisiana, Second Circuit.

April 4, 2001.

Attorney(s) appearing for the Case

Lunn, Iron, Salley, Carlisle & Gardner by James B. Gardner, Shreveport, Counsel for Applicant, Maynard R. Gardiner, Jr.

Cloyd, Wimberly & Villermarette, L.L.C. by F. Douglas Wimberly, Lafayette, Counsel for Applicant, Prudential.

Jeansonne & Remondet by R. Royal Alexander, Lafayette, Counsel for Respondents.

Before NORRIS, STEWART and CARAWAY, JJ.

CARAWAY, J.

This personal injury action arose when plaintiff fell off of the roof of a rental property owned by defendant. The roof had been damaged by a recent storm. The defendant and his insurer filed motions for summary judgment, arguing that plaintiff, as the defendant's agent and manager of the property, contractually assumed the duty to inspect the rental property, thus negating any duty the defendant may have owed plaintiff. The defendants also argued the...

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