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VIATOR v. LeBEOUF BROS. TOWING, L.L.C.

No. 2012-CA-0314.

102 So.3d 228 (2012)

Donnie VIATOR and April Viator v. LeBEOUF BROS. TOWING, L.L.C.

Court of Appeal of Louisiana, Fourth Circuit.

October 17, 2012.

Attorney(s) appearing for the Case

Timothy J. Young , Jason C. MacFetters , The Young Firm, New Orleans, LA, for Plaintiff/Appellant.

Scott R. Wheaton, Jr. , Stanley J. Cohn , Lugenbuhl, Wheaton, Peck, Rankin & Hubbard, New Orleans, LA, for Defendant/Appellee.

(Court composed of Chief Judge CHARLES R. JONES, Judge MAX N. TOBIAS, JR., Judge DANIEL L. DYSART).

MAX N. TOBIAS, JR., Judge.

The appellants, Donnie Viator ("Viator") and his wife, April, appeal the trial court's granting of summary judgment in favor of the appellee, LeBeouf Bros. Towing, L.L.C. ("LeBeouf"), dismissing the totality of their claims, with prejudice, on the basis that LeBeouf owed no duty to Viator for the injury that befell him. Finding genuine issues of material fact remain precluding summary judgment...

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