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Wolf v. Nall

Court of Appeals of Louisiana, Third Circuit

November 5, 2014

STACY DENISE WOLF, ET VIR.
v.
STUART NALL, ET AL

Page 642

APPEAL FROM THE NINTH JUDICIAL DISTRICT COURT, PARISH OF RAPIDES, NO. 243,648. HONORABLE THOMAS MARTIN YEAGER, DISTRICT JUDGE.

Michael L. Glass, Attorney at Law, Alexandria, LA, COUNSEL FOR DEFENDANT/APPELLEE: Stuart Nall. Howard N. Nugent, Jr., Nugent Law Firm, Alexandria, LA, COUNSEL FOR THIRD-PARTY APPELLEE: Melanie B. Landers.

James Huey Gibson, Allen & Gooch, Lafayette, LA, COUNSEL FOR THIRD-PARTY APPELLEE: Southern General Agency, Inc.

Andrew Parker Texada, Stafford, Stewart & Potter, Alexandria, LA, COUNSEL FOR THIRD-PARTY APPELLEES: BancorpSouth Ins. Services, Inc., d/b/a Wright & Percy, Dwayne Moore.

Jonathan Clyde Vidrine, West & Vidrine, Ville Platte, LA, COUNSEL FOR PLAINTIFFS/APPELLANTS: Stacy Denise Wolf, David Lee Wolf, III.

Keith Alex Kornman, Degan, Blanchard & Nash, New Orleans, LA, COUNSEL FOR DEFENDANT/APPELLEE: Certain Underwriters at Lloyd's London.

Monique M. LaFontaine, Locke Liddell & Sapp, New Orleans, LA, COUNSEL FOR DEFENDANTS/APPELLEES: Stuart Nall, Wright & Percy Ins., Inc., BancorpSouth Ins. Services, Inc., Alexandria Flea Market & Storage.

Court composed of Jimmie C. Peters, Elizabeth A. Pickett, and Shannon J. Gremillion, Judges.

OPINION

Page 643

[14-565 La.App. 3 Cir. 1] GREMILLION, Judge.

In this personal injury matter, plaintiffs/appellants, Stacy Denise Wolf and David Lee Wolf, III, appeal the motion for summary judgment granted to Stuart Nall. We affirm.

FACTS AND PROCEDURAL HISTORY

Stacy Wolf and David Wolf, III, asserted in their petition for damages that on or about May 28, 2011, Mrs. Wolf was shopping at the Alexandria Flea Market and Storage facility owned by Stuart Nall. A bookcase near one of the flea market stalls fell on her, injuring her neck, back, and right arm. She sued Mr. Nall, Affirmative Risk Management (an alleged insurer of the flea market), and " Lloyds London Insurance ...


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