Landry v. St. Charles Inn, Inc.

446 So. 2d 1246
CourtLouisiana Court of Appeal
DecidedFebruary 9, 1984
DocketCA-0774
StatusPublished
Cited by29 cases

This text of 446 So. 2d 1246 (Landry v. St. Charles Inn, Inc.) 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
Landry v. St. Charles Inn, Inc., 446 So. 2d 1246 (La. Ct. App. 1984).

Opinion

446 So.2d 1246 (1984)

Dorothy Landry, Wife of/and Norman J. LANDRY
v.
ST. CHARLES INN, INC., and Aetna Insurance Company.

No. CA-0774.

Court of Appeal of Louisiana, Fourth Circuit.

February 9, 1984.

*1247 Levy, Marx, Lucas, & Rosen, William W. Rosen, New Orleans, for plaintiffs-appellees.

Jones, Nabonne & Wilkerson, Walter J. Wilkerson, New Orleans, for defendant-appellant.

Schafer & Shafer, Ralph J. Aucoin, New Orleans, for defendants-appellants, St. Charles Inn, Inc. and Aetna Insurance Company.

Before GARRISON, AUGUSTINE and BYRNES, JJ.

*1248 AUGUSTINE, Judge.

Mrs. Dorothy Landry instituted this action for damages against St. Charles Inn, Incorporated and Project Square 376, a partnership, alleging that the defendants were negligent in not preventing an assault upon her by an unknown assailant in the hotel's parking lot. The case was tried to a jury, who rendered a verdict in favor of the plaintiff in the amount of $20,000.00. Both defendants now appeal.

The factual allegations which gave rise to this litigation are these:

In November of 1979, Mr. Norman Landry, a cancer patient from Alexandria, Louisiana, travelled to New Orleans with his wife Dorothy for treatment at Touro Infirmary. Mr. Landry was admitted to the hospital on November 18th. That same day, Mrs. Landry took lodging in the St. Charles Inn, a small hotel located within walking distance of the hospital.

The hotel, operated by St. Charles Inn, Inc., occupies part of a three-story red brick structure in the 3600 block of St. Charles Avenue. Other parts of the building are occupied by a bar known as Que Sera and the Audubon Federal Savings and Loan Association. The building itself is owned by Project Square 376, a partnership whose other interests include ownership and operation of a parking lot which sits adjacent to the building. The lot is open to the public between the hours of 9:00 a.m. and 5:00 p.m., during which time a service attendant is present.

The hotel's occupancy of the building is pursuant to a lease from Project Square; the lease also includes the land occupied by the adjacent parking lot. It is upon this lot that the attack upon Mrs. Landry allegedly took place.

At about seven o'clock on the morning of November 20, 1979, Mrs. Landry was in the lobby of the hotel, about to make the short trip to Touro Infirmary. She paused to inquire of the desk attendant whether it would be safe to walk to the hospital alone at that hour of the morning. The attendant assured her that she would be alright, and so she left the building following a route which took her across the previously mentioned lot. When Mrs. Landry was about half-way across the lot, she heard footsteps coming from behind and turned to see an unknown man running toward her. Her flight was futile. The much younger attacker caught Mrs. Landry, and when she resisted, he threw her to the ground and snatched her purse forcibly. The assailant then escaped through an alley which runs alongside the hotel.

Although Mrs. Landry was not physically injured as a result of this assault, she contends that she was subjected to great stress and fright, and that her experience of such violence has caused lasting emotional damage.

In support of her claim, Mrs. Landry introduced the deposition of Dr. Wayne Keller, a psychiatrist who testified that as a result of the pursesnatching, Mrs. Landry developed certain phobias, namely, an irrational fear of being attacked in parking lots and of entering her house alone when no one has been there. Dr. Keller also reported that the plaintiff's anxieties have caused insomnia and nightmares. He recommended that Mrs. Landry attend psychiatric counselling once a week for six months.

For whatever reason, Mrs. Landry did not pursue psychotherapy. She did state, however, that she has read certain self-help books recommended to her by Dr. Keller, and that these books have helped her to cope with anxiety, at least to the extent that she no longer has nightmares about the pursesnatching. Despite that improvement, however, Mrs. Landry stated that her fears of being attacked in parking lots and of going into her house alone persist.

As to other items of damage alleged, Mrs. Landry itemized and evaluated the property stolen from her as follows:

1. One 14-carat gold charm bracelet with eight gold charms—$500.00.

2. Two gold wedding bands, each $150.00.

3. One Bulova Accutron watch—$175.00.

4. One gold Tulane class ring—$400.

*1249 5. One gold Rotary Club president's ring with .10-carat diamond—$235.00.

6. One pair of 18-carat gold and topaz cuff links—$500.00.

7. Gold pocket knife—$20.00.

8. One 14-carat gold cocktail ring containing thirteen small diamonds—$1,615.00.

9. Pen and pencil set with gold bands— $200.00.
10. One 14-carat gold 60" chain with pearl —$3,735.00.

11. One 14-carat cluster ring with four diamonds, .90-carats each—$12,500.00.

Mrs. Landry's personal opinion was the only evidence as to the value of the first nine items mentioned above. Regarding the last two pieces of jewelry, however, the plaintiff offered the appraisal of an expert witness, a jeweler named Jonas Hiller. Mr. Hiller stated that he was the maker of Mrs. Landry's cluster ring, described as fourteen-carat white gold, containing four .90 carat round diamonds, adjoined to a second ring of fourteen carat yellow gold. Hiller appraised the fair market value of this piece at $12,500.00.

On the basis of a description given to him by Mrs. Landry, Hiller also appraised her 60-inch gold rope saut collier with a slide and twist containing seed pearls. He testified that the article's fair market value is $3,785.00.

On the above facts, the jury returned a verdict in Mrs. Landry's favor and awarded her a "lump sum" of $20,000.00.

We begin our discussion of the merits of this appeal by noting that the relationship between an innkeeper and his guest imports special duties on the part of St. Charles Inn, Inc. which do not burden the other defendant, Project Square 376. We shall therefore analyze the defendants' liability separately.

INNKEEPER'S LIABILITY

In seeking recovery against the hotel operator, St. Charles Inn, Inc., Mrs. Landry relies upon well-settled precedent which regards the relationship between an innkeeper and his guest as a special one, similar to that which exists between a common carrier and a passenger. The innkeeper is thus required to exercise a high degree of care in order to protect his guests against the tortious acts of third persons. Kraaz v. LaQuinta Motor Inns, Inc., 410 So.2d 1048 (La.1982). See also Restatement of Torts (Second), § 314A.

Mrs. Landry contends that, given the frequency of criminal assault in the immediate vicinity of the hotel, the St. Charles Inn failed in its duty to protect her by not providing her any form of security whatsoever as she walked across the parking lot. Police records introduced into evidence at trial of this matter show no less than seven robberies or assaults to have occurred in the immediate area during the year preceding this incident. The defendant, St.

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

Related

Hickey v. Angelo
274 So. 3d 47 (Louisiana Court of Appeal, 2019)
Dearmon v. St. Ann Lodging, L. L.C.
267 So. 3d 639 (Louisiana Court of Appeal, 2019)
Collins v. State Farm Insurance Co.
160 So. 3d 987 (Louisiana Court of Appeal, 2015)
Clark v. Clarendon Ins. Co.
841 So. 2d 1039 (Louisiana Court of Appeal, 2003)
Industrias Magromer v. LA Bayou Furs Inc
310 F.3d 786 (Fifth Circuit, 2002)
Doe v. Gelineau
732 A.2d 43 (Supreme Court of Rhode Island, 1999)
Lachico v. First National Bank Shares, Inc.
673 So. 2d 305 (Louisiana Court of Appeal, 1996)
Jackson v. Ferrand
658 So. 2d 691 (Louisiana Court of Appeal, 1994)
Hodge v. Liquid Ventures
634 So. 2d 1337 (Louisiana Court of Appeal, 1994)
Potter v. First Federal Sav. & Loan Ass'n of Scotlandville
602 So. 2d 1070 (Louisiana Court of Appeal, 1992)
Korson v. Independence Mall I, Ltd.
593 So. 2d 981 (Louisiana Court of Appeal, 1992)
Wheeler v. New Orleans Public Service Inc.
573 So. 2d 1237 (Louisiana Court of Appeal, 1991)
Franklin v. Paul Dupuis & Associates
543 So. 2d 970 (Louisiana Court of Appeal, 1989)
Weber v. Caterpillar MacHinery Corp.
542 So. 2d 544 (Louisiana Court of Appeal, 1989)

Cite This Page — Counsel Stack

Bluebook (online)
446 So. 2d 1246, Counsel Stack Legal Research, https://law.counselstack.com/opinion/landry-v-st-charles-inn-inc-lactapp-1984.