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LORIA v. PETUNIA'S RESTAURANT

No. 2002-CA-1712.

852 So.2d 510 (2003)

Joseph S. LORIA v. PETUNIA'S RESTAURANT, d/b/a St. Louis Crepe Shop, Alexander Peter Thomas, Hoyle Byrd and XYZ Insurance Company.

Court of Appeal of Louisiana, Fourth Circuit.

July 9, 2003.

Attorney(s) appearing for the Case

Brian D. Katz Herman, Herman, Katz & Cotlar, L.L.P., New Orleans, LA, for Plaintiff/Appellant.

Ronald L. Wilson, New Orleans, LA, for Defendant/Appellee.

(Court composed of Judge PATRICIA RIVET MURRAY, Judge JAMES F. McKAY III, Judge LEON A. CANNIZZARO, Jr.).

JAMES F. MCKAY, III, Judge.

On August 18, 1997, an altercation involving Joseph Loria and Scott McCreary occurred at Petunia's Restaurant. Mr. Loria, who had a history of nerve damage and paralysis in his left hand, was employed as a waiter at the restaurant while Mr. McCreary worked there as a dishwasher; Mr. Loria had no supervisory capacity over Mr. McCreary or any other employee. The cause of this altercation apparently...

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