McHale v. Schwegmann Bros. Giant Super Markets, Inc.
Cases that cite this one
5 later published cases cite this decision.
- Teresa Jeffries v. Prime Insurance Company (La. Ct. App. 2021)
- Yokum v. Funky 544 Rhythm & Blues Cafe (La. Ct. App. 2018)
- Williams v. Lafayette City-Parish Consolidated Government (La. Ct. App. 2011)
- Bernadette Williams v. Lafayette City-Parish Consolidated Government (La. Ct. App. 2011)
- Henry v. Williams (La. Ct. App. 2005)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
JUDGMENT ON REHEARING
We have carefully considered the content of Sehwegmann’s application for a rehearing.
Initially, we note that there is no proffered testimony of Eva Perrilloux in the record regarding her alleged inspection of the isle Edward McHale fell in. On this issue, she did not testify and was therefore not cross-examined as required by C.C.P. art. 1636(B).
An attorney’s statement about what Ms. Perrilloux would say does not meet the requirements of Art. 1636 unless followed up by either testimony “during a recess” or by subsequent deposition.
In any event, Ms. Perrilloux’s testimony, if allowed, would not have changed the outcome in McHale’s favor.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.