Lizzana v. Schwegmann Giant Supermarkets, Inc.

GARRISON, Judge.

On March 7, 1983, Albert Lizzana entered the Schwegmann’s Giant Supermarket on North Broad Street in New Orleans in order to purchase some frog legs. He inquired about the frog legs to Stella Moran, the seafood supervisor who was behind the counter at the time, and was told that the store did not have any frog legs. The events which transpired after this exchange are disputed by Mr. Lizzana and several employees of the defendant.

Mr. Lizzana claims that he quietly cursed to himself and then turned away to leave the store. He contends that he was then grabbed from behind by…