American Wholesale Jewelers, Inc. v. American Druggist Insurance Co.

457 So. 2d 244, 1984 La. App. LEXIS 9677
CourtLouisiana Court of Appeal
DecidedOctober 10, 1984
DocketNo. 83-866
StatusPublished
Cited by5 cases

This text of 457 So. 2d 244 (American Wholesale Jewelers, Inc. v. American Druggist Insurance Co.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
American Wholesale Jewelers, Inc. v. American Druggist Insurance Co., 457 So. 2d 244, 1984 La. App. LEXIS 9677 (La. Ct. App. 1984).

Opinion

YELVERTON, Judge.

American Wholesale Jewelers, Inc., victim of a burglary, sought recovery of its loss in a suit in tort against the Acadia Parish Sheriffs Department and South Central Bell Telephone Company. The suit against the sheriff was based on the alleged tortious violation of his duty to respond to a burglar alarm. The suit against the telephone company was based on its alleged tortious interference with the official operation of the sheriffs department by inducing it not to respond to the alarm. The case against the sheriff was tried by the district judge. The case against the telephone company was tried by a jury. Both decisions were against plaintiff and plaintiff appeals. We affirm, finding in each case that plaintiff failed to prove the threshold requirement that defendant’s conduct was a cause in fact of its loss.

The judge and the jury were presented with all the known facts. At some time during the night of February 22, 1981, the business of American Wholesale Jewelers, located just north of the city limits of Crowley, Acadia Parish, Louisiana, was burglarized, the vault was cut open with a torch, and its valuables stolen. The burglars have never been caught or identified, and little is known of how the crime was done except that it was obviously well-planned, with the thieves cutting several telephone cables in Crowley, causing false burglar alarms across the city, and causing the loss of electronic contact between the sheriff’s office and many alarm systems connected to it. The time of night when the actual burglary of plaintiff’s business occurred is unknown; it was not before 9:02 P.M. on February 22, for that was when an alarm from the business appeared on the sounding board at the sheriff’s office, nor was it after 8:00 o’clock A.M. the next day, for that was when its owner discovered that the burglary had occurred.

The plaintiff’s office was equipped with a burglar alarm system which was composed of three major elements: a local alarm at the plaintiff’s premises, a sounding board at the sheriffs department, and a system of cables which connected the local alarm to the sounding board.

The local alarm was controlled by a central box, which triggered an alarm bell at the premises whenever the magnetic contacts were broken on either a door to the inside vault or the entrance doors to the building, or whenever it received a signal from a heat detector or a motion detector inside the building. On receiving a message from any one of these components, the central box in plaintiffs premises not only triggered the alarm bell, it also sent a signal to the sheriff’s office that its alarm had been triggered.

This signal was transmitted to the sounding board at the sheriffs office by means of what is known as a cable pair, leased by plaintiff from South Central Bell. A break in the cable pair itself would register on the sounding board just as the alarm from the central box. The system was designed [246]*246to send only one alarm to the sounding board before the system was reset.

The sounding board was located under the radio dispatcher’s desk in the sheriff’s office. Provided free for the sheriff’s convenience, it was tied to every business place in Crowley having a burglar alarm system like plaintiff’s. On the first occurrence only of the triggering of the local alarm, or upon an interruption of power, from whatever cause, in the cable pair, the sounding board gave an audible signal and the name of the business lit up.

The sheriff’s office had no official procedure for monitoring the alarm devices but a procedure had evolved by custom. Upon receipt of an alarm signal the radio dispatcher would note the signal in his log, notify the owner of the premises from which the signal emitted, and dispatch a deputy to the scene, usually by radio. The dispatcher’s radio was connected by a telephone cable to an antenna atop the First National Bank of Crowley.

• The sounding board had indicated a problem at the plaintiff’s premises approximately ten times before February 22, 1981. The customary procedure for responding to an alarm was followed by the sheriff’s department in each instance. Each time the plaintiff’s president, Steve Spallino, would go to the business and rearm the system. All prior alarms were false.

The sounding board became active early on the night of the burglary. Between 8:00 and 9:00 P.M. two alarms, one from the First National Bank of Crowley and the other from Barbin’s Novelty Store, were received and logged. Patrol units responded to the radio dispatch to both places of business and reported false alarms.

Shortly after 9:00 P.M. the sheriff’s radio went out. It was soon determined that the problem was not in the radio, but in the telephone transmission lines, and two repairmen from the telephone company arrived at the sheriff’s office. Right after their arrival, the plaintiff’s alarm appeared on the sounding board, followed closely by another from a private residence. As deputies present prepared to respond to these alarms, one of the telephone repairman said, “Do what you have to do, but in our opinion it’s in the phone lines, being that everything is going off”. The deputies sat down.

It was in the phone lines. Later that night the repairman found a severed cable at 14th and Parkerson Streets. At 5th Avenue and Avenue G they found the sheriff’s radio cable completely severed, and they found the sheriff’s telephone cable, the cable that conveys both telephone and burglar alarm signals, partially severed. The following day a hacksaw with a broken blade was found in the bushes nearby.

An American Wholesale employee, when he arrived at 8:00 A.M. the next morning to open up, found the front door to the business jammed. He immediately notified Steve Spallino, the president of the company. Spallino on his arrival discovered the burglary. The thieves had ripped a hole in the side of the building. The control box which supplies power to the local alarm bell was torn from the wall. The door to the vault had been cut open. The telephone cable (cable pair) was severed just outside the building. The telephone cable across the street was severed in two places. Inventory had been stolen.

On these facts the plaintiff contends that defendants owed duties to it which were breached and that the violations were the cause in fact of its loss. We do not reach the question of whether either of the defendants owed a duty to the plaintiff in this instance, because we find that neither the trial court nor the jury were clearly wrong in their determination that the conduct of neither of these defendants was a cause in fact of plaintiff’s loss.

The initial inquiry in any determination of actionable negligence on the part of a defendant is whether any causal relationship existed between the harm to the plaintiff and the defendant’s allegedly negligent conduct. La.Civil Code art. 2315; Hill v. Lundin and Associates, Inc., 260 La. 542, 256 So.2d 620 (1972); Dixie Drive It Yourself System v. American Beverage Co., [247]*247242 La. 471, 137 So.2d 298 (1962); Ganey v. Beatty, 391 So.2d 545 (La.App. 3rd Cir.1980).

Cause in fact is explained in Dixie Drive It Yourself System, supra, 137 So.2d at page 302, as follows:

“Negligent conduct is a cause-in-fact of harm to another if it was a substantial factor in bringing about that harm.... [T]he negligent conduct is undoubtedly a substantial factor in bringing about the collision if the collision would not have occurred without it.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Sudduth v. State, Dept. of Transp. & Development
619 So. 2d 618 (Louisiana Court of Appeal, 1993)
Verdun v. STATE THROUGH DHHR
598 So. 2d 1091 (Louisiana Court of Appeal, 1992)
Verdun v. State ex rel. Department of Health & Human Resources
598 So. 2d 1091 (Louisiana Court of Appeal, 1992)
Morris v. New Orleans City Park Improvement Ass'n
586 So. 2d 629 (Louisiana Court of Appeal, 1991)
American Wholesale Jewelers, Inc. v. American Druggist Insurance Co.
461 So. 2d 316 (Supreme Court of Louisiana, 1984)

Cite This Page — Counsel Stack

Bluebook (online)
457 So. 2d 244, 1984 La. App. LEXIS 9677, Counsel Stack Legal Research, https://law.counselstack.com/opinion/american-wholesale-jewelers-inc-v-american-druggist-insurance-co-lactapp-1984.