Calmes v. American Bankers Insurance Co.

KLIEBERT, Judge.

This matter is before us on an appeal taken by the plaintiff, Emmett Calmes, from a judgment of the lower court which granted summary judgment in favor of one of the parties, defendant Nathan P. Vegas, d/b/a Vegas’ True Value Hardware Store.

The petition alleges that on or about November 8, 1987, while sitting in a swing on the front porch of Melvin H. Fleetwood, the swing broke causing the plaintiff to fall and hit the ground, thus sustaining grievous and permanent injuries for which he seeks to recover. The original defendants were Fleetwood and his liability insurer,…