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SIMON v. HILLENSBECK

No. 2012-CA-0087.

100 So.3d 946 (2012)

Melissa A. SIMON and Clarence L. Kenny, Jr., Individually, on their own Behalf, and as the Tutrix and Under-Tutor of Antonio Dominique Kenny and Antonio Dominique Kenny, and William L. Crull, III and Edward J. Lilly, as Specially-Appointed Attorneys on Behalf of Antonio Dominique Kenny v. Bertha HILLENSBECK and Harry J. Hillensbeck Individually and d/b/a The Hummingbird Hotel and Grill and The Hummingbird Hotel; and Hummingbird Hotel, Inc.; and Allstate Insurance Company, as the Insurer of the Foregoing Defendants; and, Kong Wong, Harry Wong and Charlie W. Tong, and ABC Insurance Company.

Court of Appeal of Louisiana, Fourth Circuit.

September 19, 2012.

Attorney(s) appearing for the Case

Edward J. Lilly , Crull, Castaing & Lilly, New Orleans, LA, for Plaintiffs/Appellants, Amanda S. Hammond, Jessica L. (Simon) Dudley, Shaina (Simon) Fountain, Natasa (Simon) Holden, Maranda Marie Kenny, Kelly Simon and Melissa Simon, on behalf of the minor children, Richard C. Vangelder and Christina A. White.

William R. Forrester, Jr. , Lemle & Kelleher, L.L.P., New Orleans, LA, for Defendant/Appellee, Kong Wong.

(Court composed of Judge JAMES F. McKAY III, Judge ROLAND L. BELSOME, Judge JOY COSSICH LOBRANO).

JAMES F. McKAY III, Judge.

The plaintiffs/appellants1 appeal the judgment of the trial court granting the defendant, Kong Wong's, motion for summary judgment. The appellants failed to sustain their burden of proof pursuant to La.C.C.P. art. 966(C)(2). For the reasons that follow, we affirm the trial court's judgment.

FACTS AND PROCEDURAL HISTORY

On August 20, 1995, at approximately 12:35 a.m., Antonio Dominique Kenny...

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