HENSARLING v. DYKE INDUSTRIES, INC.

No. 08-CA-527.

3 So.3d 520 (2008)

Harold HENSARLING v. DYKE INDUSTRIES, INC.

Court of Appeal of Louisiana, Fifth Circuit.

December 16, 2008.


Attorney(s) appearing for the Case

William E. Mura, Jr., Warren A. Forstall, Jr., Christopher H. Sherwood, Robert J. Landry, New Orleans, LA, for Plaintiff/Appellant.

Paul Michael Elvir, Jr., Law Offices of Robert E. Birtel, Metairie, LA, for Defendant/Appellee.

Panel composed of Judges EDWARD A. DUFRESNE, JR., CLARENCE E. McMANUS, and MADELINE JASMINE.


MADELINE JASMINE, Judge Pro Tempore.

In this slip and fall case, plaintiff/appellant, Harold Hensarling, appeals a trial court judgment, following a bench trial, finding no liability on the part of defendant, Dyke Industries, Inc. (Dyke).

On appeal, Hensarling argues that the trial court was manifestly erroneous in its finding that the exterior stairs at Dyke did not present an unreasonable risk of harm and did not contain a defect that was a proximate cause...

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