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WILTZ v. BROTHERS PETROLEUM, L.L.C.

Nos. 13-CA-332, 13-CA-333, 13-CA-334.

140 So.3d 758 (2014)

Gina WILTZ, Wife of, and Timothy Wiltz, Individually and on Behalf of their Minor Son, R.W. v. BROTHERS PETROLEUM, L.L.C., Meraux Food Store, Inc., Alex Chevron, Inc., Winn-Dixie Montgomery, Inc., Bogue Chitto Canoeing and Tubing Center, Inc., and Infinity Insurance Company. Tina Tommaseo v. Brothers Petroleum, L.L.C., Meraux Food Stores, Inc., Alex Chevron, Inc., Winn-Dixie Montgomery, Inc., Bogue Chitto Canoeing and Tubing Center, Inc. Glen Gabb and Cynthia Gabb, Individually and on Behalf of their Deceased Daughter, R.G. v. Brothers Petroleum, L.L.C., Meraux Food Store, Inc., Alex Chevron, Inc., Winn-Dixie Montgomery, Inc. and Bogue Chitto Canoeing and Tubing Center, Inc., Byron Lafontaine and Tina Tommaseo, Individually and on Behalf of their Deceased Son, B.L., Regal Insurance Company.

Court of Appeal of Louisiana, Fifth Circuit.

Opinion on Rehearing May 21, 2014.

Attorney(s) appearing for the Case

Richard C. Trahant , Scott Labarre , Metairie, Michael C. Ginart, Jr. , Kim C. Jones , Joyce D. Young , Chalmette, William W. Hall , William W. Hall, L.L.C., Metairie, Craig A. Gentry , New Orleans, for Plaintiff/Appellee.

Robert E. Kerrigan, Jr. , Isaac H. Ryan , John Jerry Glas , New Orleans, for Defendant/Appellant.

Stephen N. Elliott , Howard B. Kaplan , Caroline D. Elliott , Metairie, for Defendant/Appellee-2nd Appellant.

Panel composed of Judges SUSAN M. CHEHARDY, ROBERT A. CHAISSON, and HANS J. LILJEBERG.

HANS J. LILJEBERG, Judge.

Plaintiffs, Gina Wiltz, wife of, and Timothy Wiltz, on behalf of their minor son, Ryan Wiltz, and defendants, Winn-Dixie Montgomery, Inc. and Meraux Food Store, Inc., appeal the judgment of the trial court. For the following reasons, we amend the judgment, affirm in part as amended, and reverse in part.

Proceedings Below

In this consolidated action, plaintiff parents, Gina...

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