BEACH v. PETER SCALFANO ENTERPRISES

No. 2006-1139.

949 So.2d 653 (2007)

Dave BEACH v. PETER SCALFANO ENTERPRISES, et al.

Court of Appeal of Louisiana, Third Circuit.

February 7, 2007.


Attorney(s) appearing for the Case

John G. McLure, McLure & Pickels, L.L.P., Alexandria, Louisiana, for Defendant/Appellant, ConAgra Foods Packaged Foods Company, Inc.

Thomas D. Davenport, Jr., The Davenport Firm, A.P.L.C., Alexandria, Louisiana, for Plaintiff/Appellee, Dave Beach.

Court composed of MARC T. AMY, J. DAVID PAINTER, and JAMES T. GENOVESE, Judges.


GENOVESE, Judge.

Following a non-jury trial, the trial court found Defendant liable for the injuries Plaintiff sustained when he bit into a breakfast sandwich containing a solid object thought to be a foreign substance. The trial court also denied Defendant's Exception of Prescription. Defendant appeals. For the following reasons, we reverse and render.

FACTS

On June 15, 2004, Plaintiff, Dave Beach (Beach), purchased a breakfast...

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