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VARGAS v. CONTINENTAL CUISINE, INC.

No. 2004-CA-1029.

900 So.2d 208 (2005)

Miguel VARGAS and Kimberly Vargas v. CONTINENTAL CUISINE, INC., d/b/a The Corner Oyster Bar & Grill.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied April 29, 2005.

Attorney(s) appearing for the Case

Kevin C. Schoenberger, Kevin C. Schoenberger, APLC, New Orleans, LA, for Plaintiff/Appellee.

Craig R. Nelson, Nelson Fay, L.L.C., New Orleans, LA, for Appellant.

(Court composed of Judge CHARLES R. JONES, Judge JAMES F. McKAY, III, Judge EDWIN A. LOMBARD).

EDWIN A. LOMBARD, Judge.

This matter arises from a suit filed by plaintiffs against several defendants, including the Department of Health and Hospitals (DHH) for injuries suffered by Miguel Vargas after eating raw oysters purchased from a Louisiana restaurant. After a trial on the merits, the trial court found DHH 100% at fault for Vargas' injuries. After review of the record, the applicable law, and briefs of the parties, we reverse the judgment of the trial court...

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