Boutte v. American Motorists Insurance Co.

CULPEPPER, Judge.

Plaintiff seeks damages for personal injuries sustained when he tripped and fell over an air hose at a service station operated by defendant, Lawrence Bonin, and insured by American Motorists Insurance Company. The district judge granted summary judgment dismissing plaintiff’s suit. Plaintiff appealed.

The issues are: (1) Are defendants’ affidavits defective as to form ? (2) Is there a genuine issue of material fact ?

*90Plaintiff’s petition alleges that on April 27, 1969, at approximately 4:45 p.m., he entered the service station “for the purpose of putting water in his…