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BUTLER v. RE/MAX NEW ORLEANS PROPERTIES

No. 2001-CA-2349.

828 So.2d 43 (2002)

Lula Mae BUTLER, Individually and on Behalf of Rufus Butler, Tommieletia Butler, Lavanza Chyrel Butler, Priscilla Butler, and Gwendolyn Butler Sanders v. RE/MAX NEW ORLEANS PROPERTIES, INC., Morris R. Sahuque, Jr., and Sandra Pecoraro Apartments, et al.

Court of Appeal of Louisiana, Fourth Circuit.

September 11, 2002.

Attorney(s) appearing for the Case

George J. Nalley, Jr., George J. Nalley, Jr., APLC, Metairie, LA, for Plaintiff/Appellant, the Butler Family.

Max J. Cohen, Paula H. Lee, Lowe, Stein, Hoffman, Allweiss & Hauver, L.L.P., New Orleans, LA, for Re/Max New Orleans Properties, Inc.

Leonard M. D'Angelo, Frederick A. Miller & Associates, Metairie, LA, for State Farm Fire and Casualty Co.

Normand F. Pizza, Lorena Dumas-Guntner, Milling Benson Woodward, L.L.P., New Orleans, LA, for Sandra Pecoraro.

Court composed of Judge STEVEN R. PLOTKIN, Judge PATRICIA RIVET MURRAY, Judge TERRI F. LOVE.

TERRI F. LOVE, Judge.

This appeal concerns the grant of summary judgment as to some defendants in a wrongful death action following Rufus Butler's swimming pool drowning in the backyard of a residence owned by Morris Sahuque, a Florida resident. Sahuque had listed the property for sale "as is" with RE/MAX New Orleans Property ("Re/ Max"). Butler allegedly had been asked to inspect the property to give an estimate for debris and trash removal, and was later found dead...

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