BERGERON v. ARGONAUT GREAT CENT. INS. CO.

No. 2006 CA 0813.

958 So.2d 676 (2007)

Godfrey J. and Lydia BERGERON v. ARGONAUT GREAT CENTRAL INSURANCE COMPANY, et al.

Court of Appeal of Louisiana, First Circuit.

Writ Denied March 23, 2007.


Attorney(s) appearing for the Case

John O. Charrier, Jr., G. Bruce Kuehne, Baton Rouge, LA, for Plaintiffs-Appellees, Godfrey J. and Lydia Bergeron.

Eric J. Halverson, Jr., Metairie, LA, for Defendants-Appellants, Frank Billeaudeau, Elsa Billeaudeau, d/b/a Jazz Seafood & Steakhouse, and Argonaut Great Central Ins. Co.

Craig R. Nelson, New Orleans, LA, for Defendant-Appellee, La. Dept. of Health and Hospitals.

Before: KUHN, GAIDRY, and WELCH, JJ.


WELCE, J.

This is an appeal by Frank Billeaudeau and Elsa Billeaudeau, d/b/a Jazz Seafood & Steakhouse and Argonaut Great Central Insurance Company (collectively referred to as "Jazz") from a summary judgment dismissing, with prejudice, the State of Louisiana, Department of Health and Hospitals ("DHH") from the plaintiffs' action for damages arising out of the consumption of raw oysters. We affirm.

I. FACTUAL AND PROCEDURAL HISTORY

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