NELSON v. THIBAUT HG CORP.

No. 2007-CA-0515.

977 So.2d 1055 (2008)

Michelle Nunez NELSON and Terry Glynn Nelson, Sr., Individually and on Behalf of their Minor Daughter, Terriel Nelson, Terrell Nelson, Mary Nunez and Terrence Nunez v. THIBAUT HG CORPORATION d/b/a Higgins Gate Apartments and Discover Specialty Insurance.

Court of Appeal of Louisiana, Fourth Circuit.

January 23, 2008.


Attorney(s) appearing for the Case

Richard K. Leefe, Leefe, Gibbs, Sullivan, Dupre' & Aldous, LLC, Metairie, LA, and David R. Fine, Fine & Associates, PLC, New Orleans, LA, for Plaintiffs/Appellants.

Michael J. Remondet, Jr., Scott F. Higgins, Jeansonne & Remondet, Lafayette, LA, for Defendants/Appellees.

(Court composed of Judge DENNIS R. BAGNERIS, SR., Judge TERRI F. LOVE, Judge ROLAND L. BELSOME).


TERRI F. LOVE, Judge.

This appeal arises from the drowning death of a minor in an apartment complex swimming pool. The minor was not a resident of the apartment complex. The owner and insurer of the apartment complex filed a motion for summary judgment asserting that a duty was not breached as fences, postings, and light surrounded the swimming pool and that no duty was owed to the minor as he was trespassing. The trial court granted the motion for summary judgment...

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