Kane v. Braquet

368 So. 2d 1176
CourtLouisiana Court of Appeal
DecidedApril 23, 1979
Docket6884
StatusPublished
Cited by13 cases

This text of 368 So. 2d 1176 (Kane v. Braquet) 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
Kane v. Braquet, 368 So. 2d 1176 (La. Ct. App. 1979).

Opinion

368 So.2d 1176 (1979)

Reginald KANE, Plaintiff-Appellant,
v.
Gilman BRAQUET, Jr., et al., Defendants-Appellees.

No. 6884.

Court of Appeal of Louisiana, Third Circuit.

March 7, 1979.
Writ Refused April 23, 1979.

*1177 Walton J. Barnes and George L. Clauer, III, Baton Rouge, for plaintiff-appellant.

Landry, Watkins & Bonin, William O. Bonin, New Iberia, J. Minos Simon, and David A. Hurlburt, Lafayette, for defendants-appellees.

Before WATSON, SWIFT and STOKER, JJ.

SWIFT, Judge.

The plaintiff, Reginald Kane, has brought this tort action for damages against the defendants, Gilman Braquet, Jr., Mayo Romero, Sr., Avery Island, Inc. and McIlhenny Company. The trial judge sustained a peremptory exception of no cause of action filed by all of the defendants except Braquet, and the plaintiff has appealed. We affirm.

According to the petition, at approximately 10:30 P.M. on March 2, 1977, the plaintiff was on his way to work with International Salt Company at its salt mine on Avery Island, Louisiana. At the entrance to the island which is owned by Avery, he stopped at a guard house and on being identified was admitted by the guard, Romero, an employee of Avery and McIlhenny. *1178 Shortly after Kane had passed, Gilman Braquet, Jr. stopped at the gate. Although intoxicated, he was admitted by Romero without requiring him to produce any identification or recognizable authorization. Upon gaining access Braquet proceeded to International's parking lot on that portion of the island leased from Avery where he shot Kane in the abdomen.

The allegations of the petition, as amended four times, dealing with exceptors' liability are as follows:

3-A.

"Petitioner shows that Avery Island, Inc. has established certain rules for the purpose of governing access to Avery Island, Inc. and, for the purpose of maintaining those rules, it also maintains a toll gate at the only road entrance to Avery Island. The toll gate is manned by a guard or gate keeper employed by Avery Island, Inc., in part, for the purpose of enforcing its rules and regulations with regard to access. Avery Island, Inc. has established, among others, these rules and regulations:

1.No vehicle will be admitted without proper State or Parish inspection stickers, and in proper operating condition according to State and Parish laws and regulations, no vehicle which may cause damage to the road will be admitted.
2. All vehicles and persons seeking admission to Avery Island must be identified at the toll gate as being properly entitled to enter the property, and vehicles entering the property shall be subject to inspection at the time of entering and upon leaving the property, Avery reserves the right to refuse admission to any vehicle previously involved in a violation of these rules.
3. No fire-arms of any kind may be brought on the property without the written permission of Avery.
4. Should any person or persons violate any of the above rules and regulations, Avery shall call the attention of International to such a violation, and in the event of a repetition of the violation of any of the above rules and regulations by said person or persons, Avery shall bring the same to the attention of International and shall advise International that thereafter such person or persons shall be refused admittance to Avery Island unless his, her or their presence on Avery Island shall be under the supervision of an acredited (sic) representative of International to insure compliance with all of the above rules and regulations.
5. No known criminal or undesirable person shall be admitted entrance to Avery Island at any time unless a court order, N.L.R.B. decision or arbitration decision under the agreement between International Salt Company and the International Chemical Workers provides otherwise.
6. Flagrant disregard or violation of the above or posted regulations which are acknowledged by International as being reasonable, or a moral conduct are recognized by both International and Avery as sufficient grounds to classify a person as undesirable.

3-B.

"In addition to the above described rules and regulations, the guard or gate keeper at the toll gate maintained by Avery Island, Inc. had received specific verbal instructions classified as rules by Avery Island, Inc. to keep persons in an intoxicated condition off of the International Salt Company mine premises.

3-C.

"The guard or gate keeper maintained at the only entrance to Avery Island by road was charged, in addition to the above described items, with issuing a decal identification sticker which is normally or frequently placed on the windshield of vehicles authorized to enter Avery Island.

3-D.

"The guard or gate keeper maintained at the toll gate entrance to Avery Island was *1179 additionally charged with selling permits to visitors to Avery Island who are not otherwise authorized to enter the premises. The described permit is in the form of a numbered ticket, imposing upon persons so permitted to enter, certain rules and regulations, violation of which is contractually deemed an act of trespass. The rules and regulations imposed upon paying visitors, not otherwise authorized to be on the premises, include the following, to-wit:

a. Admission is strictly for non-commercial purposes.
b. No fire-arms of any kind may be used on the property.
c. All vehicles entering the property do so with the express agreement on the part of the occupants to permit inspection of said vehicle by the company for improper contents before leaving.
d. The company reserves the right to refuse admission to any person it sees fit.
e. Violation of the above rules shall be considered an act of trespass.

3-E.

"Other than a game warden, resident of Avery Island, Inc., who enforces game regulations, and the occasional use of a radar gun for the enforcement of speeding regulations, the toll gate and guard or gate keeper maintained and employed by Avery Island, Inc. constitute the only means by which Avery Island, Inc. attempts enforcement of its rules and regulations.

3-F.

"At the time the defendant, Gilman Braquet, Jr., was admitted to Avery Island by the defendant guard, he had no authorized purpose for being on the premises; he had no personal identification authorizing him to enter; he had not displayed upon his vehicle the decal identification sticker authorizing his vehicle to enter the premises; he was not entering Avery Island for any touristic purposes; he was otherwise not known to the defendant guard; he was not an employee of International Salt Company, the McIlhenny Company, Avery Island, Inc., nor was he authorized or expected as a guest or business associate of any other person authorized to be on the premises.

3-G.

"The defendant, Gilman Braquet, Jr., at the time that he was admitted to Avery Island by the defendant guard, was highly intoxicated, having a blood alcohol level greatly in excess of .10 grams percent (.10g%). The defendant, Braquet, was also visibly intoxicated and visibly agitated.

3-H.

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368 So. 2d 1176, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kane-v-braquet-lactapp-1979.