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WEBER v. CANAL INDEM. CO.

No. 2011-CA-0852.

81 So.3d 990 (2012)

Ronald WEBER and Linda Weber v. CANAL INDEMNITY COMPANY, Sears, Roebuck and Co., Elite A/C Service LLC and Clayton Bourgeois.

Court of Appeal of Louisiana, Fourth Circuit.

January 11, 2012.

Attorney(s) appearing for the Case

Ginger K. Deforest , Law Office of Ginger K. Deforest, Robert P. Charbonnet, Jr. , Charbonnet Law Firm, L.L.C., Metairie, LA, James S. Rees III , Law Firm of James S. Rees III, Covington, LA, C. William Emory , Wilton E. Bland, III , Mouledoux, Bland, Legrand & Brackett, New Orleans, LA, for Plaintiffs/Appellants.

John David Ziober , Brad M. Boudreaux , Guglielmo Marks Schutte Terhoeve & Love, Baton Rouge, LA, for Defendant/Appellee, Sears Home Improvement Products, Inc.

(Court composed of Judge JAMES F. McKAY, III, Judge TERRI F. LOVE, Judge PAUL A. BONIN).

JAMES F. McKAY, III, Judge.

In this tort action, the plaintiffs, Ronald and Linda Weber, appeal the trial court's granting of summary judgment in favor of the defendant, Sears Home Improvement Products, Inc. For the following reasons, we reverse and remand.

FACTS AND PROCEDURAL HISTORY

Rhodessa Price purchased an air conditioning unit from Sears and paid Sears to install the unit. Sears called on Elite A/C Service, LLC to do the installation. Clayton...

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