Doe v. Jeansonne

704 So. 2d 1240, 1997 WL 757999
CourtLouisiana Court of Appeal
DecidedDecember 10, 1997
Docket97-795
StatusPublished
Cited by8 cases

This text of 704 So. 2d 1240 (Doe v. Jeansonne) 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
Doe v. Jeansonne, 704 So. 2d 1240, 1997 WL 757999 (La. Ct. App. 1997).

Opinion

704 So.2d 1240 (1997)

John DOE, et al., Plaintiffs-Appellants,
v.
Julius JEANSONNE, et al., Defendants-Appellees.

No. 97-795.

Court of Appeal of Louisiana, Third Circuit.

December 10, 1997.
Rehearing Denied February 19, 1998.

*1241 Miles A. Matt, Lafayette, for John Doe, Indiv., etc.

Lewis H. Pitman, Jr., New Iberia, for Julius Jeansonne, Indiv., etc.

L. Lane Roy, Lafayette, for Hazel Standridge.

Julius Willis Grubbs, Jr., New Iberia, for Sue Martin.

Before THIBODEAUX, AMY and SULLIVAN, JJ.

THIBODEAUX, Judge.

Fourteen-year old K.M. and fifteen-year old J.J. attended a party for young teenagers held at the home of Mrs. Sue Martin and hosted by Mrs. Hazel Standridge. K.M. had sex with J.J. during the party, became pregnant and subsequently bore a child. Soon thereafter, her parents, Henrietta Marks and John Marks, sued Mrs. Martin, Mrs. Standridge, and Julius Jeansonne, father of minor J. J., individually and on K. M.'s behalf, for alleged damages sustained as a result of the negligent supervision exercised by the defendants. The trial judge granted motions for summary judgment in favor of Standridge and Martin. He found that there was no genuine issue of material fact as to the reasonableness of the supervision exercised during the party and as to K. M.'s consensual act. The Markses appeal the granting of the motions for summary judgment in favor of Standridge and Martin.

We hold that there exist genuine issues of material fact as to the reasonableness of the supervision and as to K. M.'s consent. Therefore, we reverse the judgments of the trial court and remand for a trial on the merits.

*1242 I.

ISSUES

In order to resolve this matter, we are compelled to determine:
1. whether the plaintiffs established the existence of a genuine issue of material fact as to the reasonableness of the supervision and control employed by the defendants at the party; and
2. whether there exists a genuine issue of material fact regarding K. M.'s consent to participate in the act.

II.

FACTS

On December 16, 1994, Mrs. Hazel Standridge hosted a party for her teenaged daughter at the home of Mrs. Sue Martin. K.M. was invited to the party and was driven there by her father, John Marks, who met Mrs. Martin upon arrival. Mrs. Martin greeted him, gave him a tour of her home, and advised Mr. Marks that she and Mrs. Standridge would be keeping an eye on everything that night. Mr. Marks did not speak with Mrs. Standridge because she had not arrived yet, but left feeling satisfied that she and Mrs. Martin would be properly chaperoning the party.

The party essentially was a small impromptu gathering of teens. It was called a "Christmas vacation party" and was attended by approximately twenty boys and girls between the ages of thirteen and sixteen. Some of the girls attending the party, including K. M., stayed overnight for a slumber party afterwards.

At an uncertain time during the evening near the end of the party, K.M. and J.J. entered the bathroom on the downstairs floor of the house, and engaged in intercourse. K.M. alleges that once they were inside of the bathroom, J.J. began asking her to have sex but she repeatedly said no because she was scared. She alleges that she reached for the doorknob once because she wanted to leave, but J.J. pushed her hand away. Although she denies feeling threatened by J. J., she stated that she ultimately gave in to him because of his pressure and continued requests. In her words, she became tired of him asking and finally gave in by telling him, "whatever." K.M. states that they left the bathroom after someone came to the door and told J.J. that his ride was leaving him. K.M. remained overnight for the slumber party and was picked up the next day by her father.

According to Mrs. Standridge, however, the party was basically uneventful. She was unaware of the event that took place between K.M. and J.J. in the bathroom that night, although she acted as the primary chaperone from the time she arrived at the party at 6:30 p.m. until it ended at 11:00 p.m.

Mrs. Standridge stated that after she arrived at Mrs. Martin's residence, she remained downstairs for twenty or thirty minutes and talked with some of the kids who were already there. Thereafter, she stated that she came downstairs every 15 or 20 minutes for the entirety of the night. She contends that her routine included going into the downstairs bedroom and from there walking throughout the downstairs to check on everyone. The bottom floor was described as an open area, which includes a large living room and adjoining bedrooms and one bathroom.

From the living room area, Mrs. Standridge would walk onto the outside patio in the back of the house where some kids were sitting around. From there, she would then walk to the front door and come in and walk around again on the inside. Mrs. Martin admittedly came downstairs only once or twice during the night, and otherwise remained upstairs so as to allow her young niece and Mrs. Standridge to conduct the party.

The only incident regarding K.M. and J.J. that Mrs. Standridge had any knowledge of occurred fairly early in the evening. Mrs. Standridge said that she saw K.M. and J. J., lying on one of the beds in a bedroom kissing. The doors were open and there were other teens around, yet they were unaware of the fact that she had encountered them. They stopped the kissing when they did see her, but she did not feel the need to say anything to them since they had corrected *1243 themselves. The only reprimand she gave them was to point a finger at them and to give them a gesturing look to let them know that the behavior was unacceptable. She did not observe any other improper activity between them or any of the other teens for the remainder of the evening.

Two other teens attending the party admitted observing K.M. and J.J. "making out" at other times during the party in the living room of the house and in a downstairs bedroom. One young man testified during a deposition that he was in one of the bedrooms with K.M. and J.J. and observed them lying in the bed, under the covers and claimed to have seen K. M.'s underwear on the floor. Although this room was not closed off to the living room area, the lights were off. It is not clear exactly how long the two were in the bed, but the same young man stated that when K.M. and J.J. entered the room, soon thereafter he told them they had to leave because he was there first. He admitted to having been in that same bedroom sitting on the bed, "making out" with another young lady for at least an hour. He remembered Mrs. Standridge coming in maybe twice during which time she asked them what they were doing but did not make them leave the room. However, he did not see Mrs. Standridge or Mrs. Martin during the time that J.J. and K.M. were in the bedroom under the bed covers.

Another young man testified that he also saw K.M. and J.J. together that night. He stated that they were kissing and that he saw K.M. kissing J. J.'s neck and rubbing his leg. This was said to have taken place in the living room and lasted perhaps for thirty or forty-five minutes. This same young man, who admittedly hung outside smoking most of the night, saw a fight take place outside between two other boys at the party, and also witnessed a heated argument take place between two girls in attendance at the party, which also took place outside. Neither Mrs. Martin nor Mrs. Standridge had knowledge of any of these activities.

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Cite This Page — Counsel Stack

Bluebook (online)
704 So. 2d 1240, 1997 WL 757999, Counsel Stack Legal Research, https://law.counselstack.com/opinion/doe-v-jeansonne-lactapp-1997.