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TRAVIS v. SPITALE'S BAR, INC.

No. 2012 CA 1366.

122 So.3d 1118 (2013)

Cary Devon TRAVIS v. SPITALE'S BAR, INC., State of Louisiana, State of Louisiana through the Department of Health and Hospitals, Certain Underwriters at Lloyd's, London and ABC Insurance Company.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied September 16, 2013.

Attorney(s) appearing for the Case

Craig R. Nelson , Christina P. Fay , Metairie, LA, for Defendant/Appellant/Cross-Appellee State of Louisiana, through the Department of Health and Hospitals.

Michael C. Palmintier , Jonathan E. Mitchell , Baton Rouge, LA, for Plaintiff/Appellee/Cross-Appellant Cary Devon Travis.

Before GUIDRY, CRAIN, and THERIOT, JJ.

THERIOT, J.

This suit arises out of injuries suffered by a restaurant patron who became ill after eating raw oysters. For the reasons that follow, we affirm.

FACTS AND PROCEDURAL HISTORY

Spitale's Bar, Inc. ("Spitale's") operates a restaurant and bar in Amite, Louisiana which serves raw oysters. On May 15, 2004, Cary Devon Travis ate two raw oysters at Spitale's. After consuming the oysters, Mr. Travis, who suffers from non-alcoholic steato hepatitis...

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