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HODGES v. TAYLOR

No. 12-107.

91 So.3d 1259 (2012)

Thelma M. HODGES and Marcus J. McCoy v. Michael A. TAYLOR.

Court of Appeal of Louisiana, Third Circuit.

June 6, 2012.

Attorney(s) appearing for the Case

Roy H. Maughan, Jr. , Namisha D. Patel , Baton Rouge, LA, for Plaintiffs-Appellants, Thelma Hodges and Marcus McCoy.

Walter K. Jamison, III , Marjorie B. Breaux , Bryan Lege , Lafayette, LA, for Defendant-Appellee, Navarre Chevrolet, Inc.

Court composed of SYLVIA R. COOKS, J. DAVID PAINTER, and JAMES T. GENOVESE, Judges.

PAINTER, Judge.

Plaintiffs, Thelma Hodges and Marcus McCoy, appeal the trial court's grant of the motion for summary judgment filed by Defendant, Navarre Chevrolet, Inc. (Navarre). The trial court found that no question of fact remained and that La.R.S. 32:862 did not give rise to a duty on the part of Navarre to protect Plaintiffs from the injuries they suffered. Finding that a question of fact remains, we reverse and remand for further proceedings.

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