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SMITH v. FRENCH MARKET CORP.

No. 2003-CA-1412.

886 So.2d 527 (2004)

George SMITH, Jr. v. FRENCH MARKET CORPORATION, et al.

Court of Appeal of Louisiana, Fourth Circuit.

October 6, 2004.

Attorney(s) appearing for the Case

John B. Fox, Robert W. "Doc" Booksh, Jr., John Fox & Associates, L.L.C., New Orleans, Counsel for Plaintiff/Appellant.

Gerald A. Melchiode, Scott J. Bradley, Galloway, Johnson, Tompkins, Burr & Smith, New Orleans, Counsel for Plaintiff/Appellee, Cafe Gumbolaya, LLC.

Howard B. Kaplan, Bernard, Cassisa, Elliott & Davis, Metairie, Counsel for Defendant/Appellee, French Market Corporation and Acceptance Insurance Company.

Court composed of Judge DAVID S. GORBATY, Judge EDWIN A. LOMBARD, Judge LEON A. CANNIZZARO Jr.

LOMBARD, J.

The plaintiff appeals from summary judgment rendered in favor of defendant/appellee French Market Corporation and third-party defendant/appellee Cafe Gumbolaya, L.L.C. After de novo review, we affirm the judgment of the trial court.

Relevant Facts and Procedural History

The French Market Corporation ("FMC") is a leasing entity for the City of New Orleans.1 On November 17, 1993

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