Wolinski v. Fleming

SCHOTT, Judge.

Plaintiff appeals from a dismissal of her suit for damages she sustained when al*1111legedly beaten by defendants Pauline Fleming and Phyllis Smith. In this court she has abandoned her appeal against Fleming, and seeks a reversal as to Smith primarily on the basis that Smith as a party failed to appear and testify, giving rise to a presumption against Smith.

Plaintiff testified: She went to defendant Fleming’s bar on Magazine Street in New Orleans just before dark on July 8, 1978, but after drinking coke and “about two screwdrivers,” left about 10 PM and went to another bar in the…