DEBORAH AND HENRY MERCADEL, INDIVIDUALLY AND ON BEHALF OF DECEASED CHILD, MONIKE MERCADEL; SABRINA SEARS, ON BEHALF OF MINOR CHILD, JO'VAN SEARS; AND RAQUEL JOHNSON, ON BEHALF OF HER MINOR CHILD, JAVARANNA JOHNSON Vs. HOUSING AUTHORITY OF NEW ORLEANS
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DEBORAH AND HENRY MERCADEL, INDIVIDUALLY AND ON BEHALF OF DECEASED CHILD, MONIKE MERCADEL; SABRINA SEARS, ON BEHALF OF MINOR CHILD, JO'VAN SEARS; AND RAQUEL JOHNSON, ON BEHALF OF HER MINOR CHILD, JAVARANNA JOHNSON * NO. 2000-CA-1885 * COURT OF APPEAL * FOURTH CIRCUIT * STATE OF LOUISIANA * * ******* VERSUS HOUSING AUTHORITY OF NEW ORLEANS APPEAL FROM CIVIL DISTRICT COURT, ORLEANS PARISH NO. 91-7952, DIVISION “K-14” Honorable Richard J. Ganucheau, Judge ****** JOAN BERNARD ARMSTRONG JUDGE ****** (Court composed of Judge Joan Bernard Armstrong, Judge Michael E. Kirby, and Judge Terri F. Love) (ON APPLICATION FOR REHEARING) STEPHEN B. MURRAY, Jr. MURRAY LAW FIRM 2550 LL&E TOWER 909 POYDRAS STREET NEW ORLEANS, LA 70112 -ANDCHARLES R. WARD, Jr. 71234 HENDRY AVENUE P.O. BOX 2010 COVINGTON, LA 70434 COUNSEL FOR PLAINTIFF/APPELLEE TERESE M. BENNETT GREGORY C. WEISS JULIE G. HAMNER WEISS & EASON, L.L.P. 1515 POYDRAS STREET SUITE 1100 NEW ORLEANS, LA 70112 COUNSEL FOR DEFENDANT/APPELLANT REHEARING DENIED. The expert reports of B. Don Russell and Owens and McDowell were considered on appeal, as they were in the trial court, and they do not, when considered along with the other evidence, show that the trial court was clearly wrong-manifestly erroneous in concluding that the smoke detector manufacturer was free from fault. The testimony of Deborah Mercadel, to what she was told by HANO employees, was not hearsay. See La. Code Evid. art. 801 (D)(3)(a). Accordingly, HANO’s application for rehearing is denied REHEARING DENIED.
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