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PAYNE v. TONTI REALTY CORP.

No. 04-CA-752.

888 So.2d 1090 (2004)

James R. PAYNE, Sr. and Delores C. Payne v. TONTI REALTY CORPORATION and Julie Green.

Court of Appeal of Louisiana, Fifth Circuit.

Rehearing Denied December 29, 2004.

Attorney(s) appearing for the Case

Robert W. "Doc" Booksh, Jr., John B. Fox, New Orleans, LA, for Plaintiff/Appellee.

Gary J. Rouse, Ron Riggle, New Orleans, LA, for Defendant/Appellant.

Panel composed of Judges EDWARD A. DUFRESNE, Jr., CLARENCE E. McMANUS and WALTER J. ROTHSCHILD.

WALTER J. ROTHSCHILD, Judge.

This is an appeal from a jury verdict rendered in favor of plaintiff James R. Payne, Sr. and against Tonti Realty Corporation. For the reasons which follow, we reverse the verdict of the jury and render judgment in favor of defendant.

Facts and Procedural History

This case arises from an incident that occurred on September 1, 1994 on the premises of Sunlake Apartments in Kenner. On this date, plaintiff, James R...

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