Kim Noullet VS Bosco's Italian Imports LLC, Bosco's Italian Imports #2, LLC and Big Hat, LLC
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STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT KIM NOULLET 2021 NO. CW 0567 VERSUS BOSCO' S LLC, ITALIAN BOSCO' S 2, IMPORTS, # HAT, In IMPORTS, ITALIAN LLC AND OCTOBER BIG 2021 11, LLC Bosco' s Re: Italian Imports # 2, Judicial Imports, LLC, LLC applying Court, District Bosco' s and for supervisory Parish St. of Italian 22nd writs, No. Tammany, 2019- 14766. BEFORE: THERIOT, WRIT AND HOLDRIDGE, GRANTED. for test The HESTER, JJ. whether a defendant impose to has custody defendant for the liability caused by it is whether the defendant has a right of direction and control over the thing and what, if any, benefit the defendant derives from the thing. Peters v. Bogalusa over thing a defects so as damage or Community Medical 117 the 2, fell is that in would that should Ms. s be to exist as Ms. judgment to Italian from s Bosco' s Noullet denying garde failed Bosco' s Bosco' Imports # 2, LLC, to and the for from this CHH COURT OF APPEAL, DVIDlY CLERK FOR THE J., concurs. FIRST OF CIRCUIT COUR COURT be he Bosco' s testified remained burden and court' of and then of summary Imports, we lot grant March judgment, LLC it shifted material parking s the control granted Therefore, suit. specifically We find ramp. would be unable and issues ramp trial for handicap The provide. used times all to allegedly which rather, should over testimony is not plaintiff genuine Italian and over at summary Italian testified Noullet, s custody case. MRT Holdridge, and the that the who was Bosco' that of motion s and mall, motion to reverse Kim maintenance; this demonstrate dismissing same, Bosco' deposition strip mall, property issue the that application, writ for the lot dismissed Noullet which owned trial such premises strip parking carried its burden at the premises the of Bosco' prove entire leased LLC of for Bosco' s and Champagne, plaintiff, 5/ 2/ 13), Cir. motion the provided 1st App. its LLC Joseph area" responsibility Hat, control that s") where area the the Imports, premises, common La. of support Boscos' the of have Big In Italian the the " in included to of benefit the in LLC (" owner fact the 540. Bosco' s Imports # of 2012- 1777 ( Center, 538, So. 3d judgment, on and 25, and to fact area, this 2021 grant Bosco' s
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