Goins v. Wal-Mart Stores, Inc.

800 So. 2d 783, 2001 WL 1511987
Supreme Court of Louisiana·Decided November 28, 2001·No. 2001-CC-1136·Published·Cited by 54 cases

Opinion

800 So.2d 783 (2001)

Sylvia GOINS
v.
WAL-MART STORES, INC. and James Banks.

No. 2001-CC-1136.

Supreme Court of Louisiana.

November 28, 2001.

*785 Thomas P. Anzelmo, Sr., Geoffrey J. Orr, Campbell, McCranie, Sistrunk, Anzelmo & Hardy, Metairie, Counsel for Applicant.

James E. Vinturella, Lewis & Caplan, New Orleans, Counsel for Respondent.

KIMBALL, J.[*]

In this case, Quiana Brown, a minor, was allegedly abducted from the parking lot of a Wal-Mart store, driven to a remote location and raped, and later returned to the same Wal-Mart parking lot. Her mother, Sylvia Goins, filed suit on her behalf. She claimed that Wal-Mart was negligent because, among other things, its security guards failed to take reasonable steps to prevent the alleged abduction. Wal-Mart moved for summary judgment, which was denied by both lower courts. Wal-Mart appealed. For the following reasons, we conclude that Wal-Mart showed an absence of factual support for the breach element of Ms. Goins' negligence action, and Ms. Goins failed to respond with factual support sufficient to establish that she would be able to prove the breach element at trial, thereby entitling Wal-Mart to summary judgment. Therefore, we reverse the lower courts' judgments and grant Wal-Mart's motion for summary judgment.

FACTS AND PROCEDURAL HISTORY

The depositions of Sergeant Errol Louis Schultz, Jr. and Lieutenant Frank Baiamonte establish the facts of this case as follows. Sgt. Schultz and Lt. Baiamonte are deputies of the St. Bernard Parish Sheriffs Office. In August of 1994, they were working paid details at the Wal-Mart store on West Judge Perez Drive in Chalmette, Louisiana. The details called for two fully-uniformed deputies to be on duty at a time, one inside near the service desk and one outside. The deputies could communicate by radio and they worked in tandem; if one needed to go inside, the other would go outside and vice-versa. The deputies would investigate anything *786 they observed that was out of the ordinary.

Lt. Baiamonte, the outside deputy, was tasked with being visible and patrolling as much as possible in his marked car. He would make passes through each parking lot aisle, along the side of the store, and behind the store. During his patrol, the longest he would have been out of visibility of the front parking lot was about five minutes while he patrolled the back and side of the store. During that time, however, the inside deputy could see out into the parking lot because the front of the store is all glass.

On August 12, 1994, Sgt. Schultz was assigned to the inside of the store from 3:00 p.m. until the store closed at midnight, and Lt. Baiamonte was assigned to the outside of the store from 5:00 p.m. until midnight. When Lt. Baiamonte arrived for his 5:00 p.m. detail, Sgt. Schultz walked out to the parking lot to talk to him. Shortly thereafter, they noticed three black males near a van and a car that were located at the far, street-side end of the Wal-Mart parking lot. It was sometime between 5:00 p.m. and 5:30 p.m and still daylight when the deputies noticed the men. Because of some recent car thefts and break-ins in the area, the deputies decided to check the men out. They drove over to the men in Lt. Baiamonte's marked police car. The trunk and hood of the men's car were open, and the side sliding door of the van was open. There were car parts all over, including a box with a starter in it.

The deputies asked the men who they were, why they were there, what exactly they were doing, and who the car and the van belonged to. Two of the men explained that the starter had gone out, but that they were changing it and should be finished in a few minutes. The deputies asked the men for identification and the men complied. Sgt. Schultz ran a National Crime Information Center ("NCIC") computer check on the men's names in front of them, such that the men were close enough to be aware of the check. The dispatcher retrieved the names and informed Sgt. Schultz that there were no attachments or arrest warrants on any of the men. Lt. Baiamonte testified that they knew the men had previously been arrested because their names were in the computer, but that they had no reason at that time to inquire why the men had been arrested. In all, the check took less than five minutes. Sgt. Schultz testified that once they get a person's name and address as they did in this case, he will usually leave quickly if he is up to no good.

While Sgt. Schultz ran the NCIC check, Lt. Baiamonte observed the vehicles and the movements of the men. He was able to see inside both vehicles and looked for weapons but saw none. One of the deputies also asked the men if they had any weapons.

The deputies concluded that the men were not bothering anyone and were not doing anything wrong. They "observed nothing ... that should cause any alarm whatsoever." They felt that the men were very friendly, cooperative, and level-headed, and that their story about repairing the vehicle was legitimate. They found that the men did not raise any suspicion, and that the men were not engaged in any activity that caused them to believe that there was criminal activity afoot.

Lt. Baiamonte testified that they did not conduct a pat-down search because there was no need. The deputies told the men to finish what they were doing and then leave. They warned the men that they would be on the premises all night.

After speaking to the men, Lt. Baiamonte drove Sgt. Schultz back to the front *787 of the store, and Lt. Baiamonte resumed his patrol of the parking lot. Lt. Baiamonte testified that no one suggested to him that day that they had observed any type of activity that might have been perceived to be an abduction outside of the store. Neither Sgt. Schultz nor Lt. Baiamonte learned of the alleged kidnapping of Quiana Brown until after midnight, when their superior officer notified them.

Regarding the alleged kidnapping, the deposition of Quiana Brown establishes the following. On August 12, 1994, Quiana Brown went alone to the Wal-Mart store patrolled by Sgt. Schultz and Lt. Baiamonte. She traveled by bus and exited at the bus stop that is located on West Judge Perez Drive, directly in front of Wal-Mart. She did her shopping and then left Wal-mart to return to the bus stop. When she had almost reached the end of the parking lot, she noticed three men fixing a car. One man was under the car and another was walking toward the nearby Burger King restaurant. The men spoke to her, but she did not speak to them. When she reached the bus stop, she realized that it was around 6:00 p.m., and that the next bus was not due for another forty-five minutes. She therefore decided to return to Wal-Mart to make an additional purchase. She walked back across the road and onto the Wal-Mart parking lot. The men again spoke to her and she told them to leave her alone. One man was walking behind her and telling her to take his phone number, but she testified that she did not think that she took it at that time. When she ignored him, the man responded with an obscenity and then returned to where he had been. She did not report the incident to anyone inside the store because the men only tried to talk with her, not grab her. When she exited the store the second time, the car was fixed and the men were in it. When she was about forty feet away from the entrance, the car pulled up to her and the man in the passenger seat apologized for his earlier rudeness. He again asked her to take his phone number, which she did in the hope that he would then leave her alone.

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

Goins v. Wal-Mart Stores, Inc., 800 So. 2d 783, 2001 WL 1511987 (La. 2001).

800 So. 2d 783 (Goins v. Wal-Mart Stores, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Gilmer v. Principle Energy
256 So. 3d 1139 (Louisiana Court of Appeal, 2018)
501 Rue Decatur, L.L.C. v. VTM Properties, LLC
141 So. 3d 861 (Louisiana Court of Appeal, 2014)
Burrows v. Executive Property Management Co.
137 So. 3d 698 (Louisiana Court of Appeal, 2014)
Randall v. Xceptional Flooring, Inc.
129 So. 3d 882 (Louisiana Court of Appeal, 2013)
Benson v. Women's Aglow Fellowship
96 So. 3d 544 (Louisiana Court of Appeal, 2012)
Parker v. Town of Woodworth
86 So. 3d 141 (Louisiana Court of Appeal, 2012)
Slade v. State ex rel. University of Louisiana at Monroe
79 So. 3d 463 (Louisiana Court of Appeal, 2011)
Louisiana-I Gaming v. Rogers
76 So. 3d 81 (Louisiana Court of Appeal, 2011)
Babineaux v. PNK (Lake Charles), L.L.C.
6 So. 3d 939 (Louisiana Court of Appeal, 2009)
Hale v. Labor Ready
999 So. 2d 293 (Louisiana Court of Appeal, 2008)
Course v. Fox Wolff Const.
987 So. 2d 277 (Louisiana Court of Appeal, 2008)
Toney v. United States
273 F. App'x 384 (Fifth Circuit, 2008)
Yokum v. 615 Bourbon Street, LLC
977 So. 2d 859 (Supreme Court of Louisiana, 2008)
MacLaff, Inc. v. Arch Insurance
973 So. 2d 887 (Louisiana Court of Appeal, 2007)
State Ex Rel. Dot v. Central Gulf Towing
971 So. 2d 1163 (Louisiana Court of Appeal, 2007)
Rousselle v. Murphy Exploration & Production Co.
963 So. 2d 471 (Louisiana Court of Appeal, 2007)
Duncan v. DOW PIPELINE CO.
952 So. 2d 884 (Louisiana Court of Appeal, 2007)
Canterberry v. Chamblee
953 So. 2d 900 (Louisiana Court of Appeal, 2007)
Foshee v. LOUISIANA FARM BUREAU CAS. INS.
948 So. 2d 1171 (Louisiana Court of Appeal, 2007)