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BARNES v. RIVERWOOD APARTMENTS PARTNERSHIP

No. 42,912-CA.

975 So.2d 720 (2008)

Ralph T. BARNES, Plaintiff-Appellant, v. RIVERWOOD APARTMENTS PARTNERSHIP and The City of Monroe, Defendants-Appellees.

Court of Appeal of Louisiana, Second Circuit.

February 6, 2008.

Attorney(s) appearing for the Case

Anthony J. Bruscato, Monroe, for Appellant.

Hudson, Potts & Bernstein, LLP by Mark J. Neal, Monroe, Donald H. Zeigler, III, for Appellees, Riverwood Apartments Partnership & Shelter Mutual Insurance Co.

Nanci S. Summersgill, for Appellee, City of Monroe.

Before WILLIAMS, CARAWAY & PEATROSS, JJ.

PEATROSS, J.

In this case, appellant, Ralph T. Barnes, assigns as error, inter alia, that the trial court allowed Riverwood Apartments Partnership ("Riverwood") to withdraw a judicial confession of ownership of a strip of property where an alleged defective condition existed that caused Mr. Barnes to be injured. He further assigns as error the jury's finding that the strip was not part of the "leased premises" for purposes of Riverwood's liability. Mr.

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