Gibbens v. Wendy's Foods, Inc.
Louisiana Court of Appeal
1Opinion of the Court
| WILLIAMS, Judge.
The plaintiffs, Dianne and Mike Gibbens, appeal the trial court’s grant of defendants’ motion for judgment on the pleadings, which dismissed, with prejudice, plaintiffs’ suit for damages against the defendants, Wendy’s Foods, Inc., and its insurer, State Farm Insurance Company. For the following reasons, we reverse and remand.
FACTS
On November 15, 1997, the plaintiffs, Dianne and Mike Gibbens, arrived at Wendy’s fast food restaurant located at 1013 North 18th Street in Monroe, Louisiana. After ordering their meals, which included two bowls of chili, they sat down in the…
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