ADAMS v. TRAINA

No. 36,306-CA.

830 So.2d 526 (2002)

Ladundee A. ADAMS, et al., Plaintiffs-Appellants, v. Anthony Joseph TRAINA, Jr., et al., Defendants-Appellees.

Court of Appeal of Louisiana, Second Circuit.

October 25, 2002.


Attorney(s) appearing for the Case

William Michael Cady, William M. Cady, III for Appellants.

Douglas Leon Stokes, Jr., Jonesboro, for Appellee, Anthony Traina, Jr.

John F. Frederickson, Judith Milke, Assistant Attorney Generals, for Appellee, State of Louisiana, DPSC.

Belton, Houck & Associates, by John F. Belton, Ruston, for Appellee, Freddie Hampton.

Kean, Miller, Hawthorne, D'Armond, McCowan & Jarman, L.L.P., by John Francis Jakuback, Baton Rouge, Melissa A. Hemmans, for Appellee, Town of Jonesboro.

Elijah Walton, In Proper Person.

Before BROWN, WILLIAMS and DREW, JJ.


BROWN, C.J.

This was a bifurcated bench trial. At the conclusion of plaintiff's case on liability, the trial judge granted defendants' motions for involuntary dismissal pursuant to C.C.P. art. 1672. We reverse and remand.

In doing so, we hold that a premises owner can be liable in tort for failing to take reasonable measures to protect its invitees from harm caused by the criminal acts of third parties. The harm must be foreseeable and preventable by the exercise...

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