Peoples Shoes v. Central Plumbing & Heating Co.

Full title: PEOPLES SHOES ET AL., PLAINTIFFS-APPELLEES, v. CENTRAL PLUMBING HEATING…

Court: Court of Appeal of Louisiana, Third Circuit

Date published: Nov 10, 1976

339 So. 2d 913 (La. Ct. App. 1976)

Opinion

No. 5685.

November 10, 1976.

APPEAL FROM 9TH JUDICIAL DISTRICT COURT, PARISH OF RAPIDES, STATE OF LOUISIANA, HONORABLE JIMMY M. STOKER, JUDGE.

Gist, Methvin Trimble by James T. Trimble, Jr., Alexandria, for defendants-appellants, Central Plumbing.

Neblett, Fuhrer Broussard by Leonard Fuhrer, Alexandria, for plaintiff-appellee, People's Furniture.

Gravel, Roy Burnes by Christopher J. Roy, Alexandria, for plaintiff-appellee, Gus Kaplan, Inc.

Gold, Hall, Hammill Little by James D. Davis, Alexandria, for defendants-appellants.

McLure McLure by John G. McLure, Alexandria, for defendant-appellee.

Stafford, Randow, O'Neal Scott by John W. Scott, Alexandria, for plaintiff-appellee.

Before HOOD, CULPEPPER and WATSON, JJ.

WATSON, Judge.

Plaintiffs, Peoples Shoes, Alexandria Mall, Inc. and Peoples Shoe Store, Inc., brought this suit to recover damages sustained by Peoples Shoes, Alexandria Mall, Inc., on or about December 2, 1973, when a vent cover blew off during a rainstorm, causing extensive damage to its merchandise. Defendants herein are Central Plumbing Heating Company, a commercial partnership between Leroy and Jimmie B. Guinn; the partners individually; Central's liability insurer, Hartford Fire Insurance Company; Piccadilly Cafeteria, Inc.; a division of Piccadilly known as National Construction Company; Louisiana Investors of Delaware, Inc.; Aetna Casualty Surety Company, the liability insurer of both Piccadilly and Louisiana Investors; Tudor Construction Company; and Tudor's insurer, American Employers Insurance Company. All except Tudor and Tudor's insurer, American Employers Insurance Company, have appealed from the judgment of the trial court awarding plaintiff, Peoples Shoes, Alexandria Mall, Inc., $36,896. 37.

Peoples Shoes, Alexandria Mall, Inc. answered the appeal, asking that the award be increased to $100,000.

For the reasons assigned in our docket number 5683, Fidelity Guaranty Insurance Company v. Central Plumbing Heating Company et al., La.App., 339 So.2d 904, the judgment of the trial court herein is affirmed at the cost of defendants-appellants.

AFFIRMED.