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HIGGINBOTHAM v. COMMUNITY CHRISTIAN ACADEMY

No. 2003 CA 0462.

868 So.2d 765 (2003)

Sharon HIGGINBOTHAM, as Natural Tutrix of Her Minor Child, Jacklyn Higginbotham v. COMMUNITY CHRISTIAN ACADEMY, INC. and Shelter Mutual Insurance Company.

Court of Appeal of Louisiana, First Circuit.

December 31, 2003.

Attorney(s) appearing for the Case

Sean D. Fagan, Baton Rouge, Counsel for Plaintiff/Appellant Sharon Higginbotham, as Natural Tutrix of her Minor Child, Jacklyn Higginbotham.

Craig J. Fontenot, Baton Rouge, Counsel for Defendant/Appellee Community Christian Academy, Inc. and Shelter Mutual Insurance Company.

Before: FOIL, FITZSIMMONS, and GAIDRY, JJ.

GAIDRY, J.

In this suit arising from personal injuries received on a school playground, plaintiff appeals a trial court judgment granting defendant's motion for summary judgment and dismissing plaintiff's suit with prejudice. For the following reasons, we reverse.

FACTS AND PROCEDURAL HISTORY

Plaintiff, Sharon Higginbotham, filed this suit for damages after her daughter, Jacklyn Higginbotham, was injured while playing on the playground at Community...

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