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Marsalis v. LaSalle

Louisiana Court of Appeal
94 So. 2d 120 (La. App. 1957)


Facts

Marsalis (plaintiff) and her husband were shopping in a store owned by LaSalle (defendant). A cat belonging to LaSalle’s minor son either bit or scratched Marsalis while in the store. Marsalis requested LaSalle keep the cat under observation for approximately fourteen days so it could be determined whether the cat had rabies, and thus could have possibly infected Marsalis. LaSalle agreed; however, the cat escaped a few days later. Marsalis told her doctor friend this, which strongly encouraged her to begin rabies treatments just in case the cat had the disease. Her friend administered approximately fourteen treatments himself at his home. Marsalis turned out to be allergic to the treatments, and suffered severe complications. Marsalis brought suit against LaSalle for her injuries, alleging that LaSalle negligently permitted the cat to escape. According to Marsalis, if the cat had not escaped, the offending treatments would not have been necessary and she could have avoided injuries from her allergic reaction. The trial court found LaSalle negligent and awarded Marsalis $3,000 for her injuries. LaSalle appealed.

Rule of Law

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Issue

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Holding and Reasoning (McBride, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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