Gerry Susan Khoder and Ibrahim Khoder VS Zhou Jian-Ping and Al Sultan Greek and Lebanese Restaurant, LLC
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STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT GERRY SUSAN IBRAHIM KHODER AND 2022 NO. CW 0236 KHODER VERSUS ZHCU JIAN GREEK PING AND RESTAURANT, In AND AL Re: OCTOBER LLC Zhou Jian Baton Ping Rouge, Judicial applying District McCLENDON, WRIT Jefferson and LLC, Court, View for 21, 2022 Center Shopping supervisory writs, Parish Baton East of of 19th Rouge, 657386. No. BEFORE: SULTAN LEBANESE WELCH, AND JJ. THERIOT, DENIED. MRT JEW McClendon, liability based their on accident defendants the created an unreasonable Food 521, to was floor. issues of of in harm material 966( D) ( 1) . fact On carry their burden matter COURT OF of CLERK FOR to THE FIRST OF are CIRCUIT and alleged to shifted establish review, actual not of or attach Arkel v. 6/ 04/ 21), 327 326 the demonstrating actual they had no condition plaintiffs existence elements. I fact 10/ 19/ 21), Cir. defective the that premises; in had does La. evidence custody the novo 1st App. the Ordeneaux 2021- 00967 ( and defendants COURT COURT La. on cause Liability the legal or condition a a was Code La. garde persons proven. regarding those de law. APPEAL, E, then sufficient the 1, plaintiff' s where defendant the legal of to risk. submitted burden The the denied, their in was condition 2020- 1312 ( writ knowledge support art. of Defendants not constructive factual 231-7. art. under the property had elements L. L. C., 527- 28, 264. property those of Servs., So. 3d a risk knowledge all So. 3d P. E2) defendant; unreasonably dangerous 4) and ( resulting injury; unless the damage the constructive or attach the caused of the Code property For custody 3) the impose to seek Civ. La. Civ. liability to a plaintiff has the burden of proving that: ( 1) that property Plaintiffs under of ownership occurred. 2317. 1, art. dissents. J., against find La. to of are entitled to produce genuine Code plaintiffs of Civ. failed judgment as
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