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GREGOR v. ARGENOT GREAT CENTRAL INS. CO.

No. 2001-CA-1233.

817 So.2d 152 (2002)

Eileen GREGOR, et al. v. ARGENOT GREAT CENTRAL INSURANCE COMPANY, et al.

Court of Appeal of Louisiana, Fourth Circuit.

Opinion on Grant of Rehearing March 27, 2002.

Writ Granted June 21, 2002.

Attorney(s) appearing for the Case

Scott LaBarre, Gauthier, Downing, La-Barre, Beiser & Dean, Metairie, LA, Counsel for Plaintiff/Appellee.

Craig R. Nelson, Ward Nelson, L.L.C., New Orleans, LA, Counsel for Defendant/Appellant.

Court composed of Judge MIRIAM G. WALTZER, Judge MICHAEL E. KIRBY, Judge DAVID S. GORBATY.

Judge MIRIAM G. WALTZER.

The State, Department of Health and Hospitals, appeals a judgment against it for damages for the wrongful death of Dan Gregor who died after eating raw oysters from a Louisiana restaurant. The restaurant failed to post warnings as required by the Sanitary Code at the "point of sale" and the state health inspectors did not require such postings.

STATEMENT OF FACTS AND HISTORY OF THE CASE

In 1991, DHH amended the Louisiana...

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