Latiolais v. Guillory

747 So. 2d 675, 1999 WL 994110
CourtLouisiana Court of Appeal
DecidedNovember 3, 1999
Docket99-815
StatusPublished
Cited by4 cases

This text of 747 So. 2d 675 (Latiolais v. Guillory) 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
Latiolais v. Guillory, 747 So. 2d 675, 1999 WL 994110 (La. Ct. App. 1999).

Opinion

747 So.2d 675 (1999)

Frederick Jules LATIOLAIS, et al., Plaintiffs-Appellants,
v.
Frank GUILLORY, Sr., et al., Defendants-Appellees.

No. 99-815.

Court of Appeal of Louisiana, Third Circuit.

November 3, 1999.
Writs Denied January 28, 2000.

*676 John Taylor Bennett, Marksville, for Frederick Jules Latiolais, et al.

Frank P. Trosclair, Jr., Opelousas, for Howard Zerangue, Sheriff, et al.

Before DOUCET, C.J., PETERS, and SULLIVAN, Judges.

SULLIVAN, Judge.

Marie Bourque and Frederick Jules Latiolais sued the St. Landry Parish Sheriffs Department and individual employees of the department for damages arising out of the death of Judy Guillory and Tom P. Latiolais. After a trial on the merits, the trial court dismissed their claims. For the following reasons, we affirm the judgment of the trial court.

FACTS

On June 1, 1993, Judith "Judy" Guillory and Tom P. Latiolais, her nine year-old son, were shot and killed by Frank Guillory, Judy's estranged husband. Separate suits were filed by Marie Bourque, Judy's mother, and Frederick Jules Latiolais, father of Judy's two children, Tom and Lauren. Ms. Bourque sought recovery of damages for mental anguish and emotional distress resulting from the deaths of Judy and Tom. Mr. Latiolais sought survival and wrongful death damages for the death of Tom. He also sought survival and wrongful death damages on behalf of Lauren, arising out of Judy's death. The two lawsuits were consolidated and tried on the merits on September 14-16, 1998. The trial court dismissed the plaintiffs' claims against all of the defendants.

The trial court issued written reasons for judgment in which the facts were set forth in detail. After carefully reviewing the record, we adopt the facts of the trial court as our own:

Judy Guillory was first married to Frederick Latiolais of which two children *677 were born, namely, Tom P. Latiolais and Lauren Latiolais. Said marriage ended in divorce in 1990. In 1991, Judy Guillory married a second time and then to Frank J. Guillory, Sr. No children were born of that union. At the time of her death (June 1, 1993), Tom P. Latiolais (who was also killed) was nine (9) years old, and Lauren Latiolais was six (6) years old.
Frank and Judy Guillory had been married for approximately two (2) years prior to this incident. The first documented incident of marital discord occurred April 26, 1993, when Judy Guillory contacted the St. Landry Parish Sheriffs Office "to go and talk to her husband." On that day, Deputy Donald Fruge met with Judy Guillory at Bihm's Grocery near Lawtell, Louisiana. Deputy Fruge had only been with the St. Landry Parish Sheriff's Office for about a month, had no formal domestic violence training, nor had he been to the police training academy. Judy Guillory informed Deputy Donald Fruge that she was scared of Frank Guillory, that Frank Guillory had not hit her, but that Frank Guillory was capable of becoming violent and she wanted to leave him. Deputy Fruge advised Judy Guillory to obtain a restraining order against Frank Guillory and he assisted her in going to their trailer near Lawtell to get her clothes. Frank Guillory was not at home at the time, but arrived at the trailer while they were there. He was advised by Deputy Fruge that Judy was leaving and taking her personal belongings. Frank Guillory commented that she could take all of her stuff because he did not want her back. Deputy Fruge left with Judy and brought her to her mother's (Mrs. Bourque's) house in Lewisburg several miles away. Later that day, Judy Guillory did obtain a temporary restraining order against Frank Guillory protecting herself and her children from him, prohibiting him from going near her residence in Lewisburg and her place of employment in Opelousas and allowing her use of the Ford Bronco among other things.
The next day (April 27, 1993), Deputy Fruge served the temporary restraining order (TRO) on Frank Guillory at his trailer near Lawtell. There was a verbal exchange between them regarding the use of the Ford Bronco as per the court order, but Frank Guillory was neither hostile, violent or threatening. Thereafter, Deputy Fruge left and went to Judy's mother's home in Lewisburg to assist her in the implementation of the court order. Deputy Fruge then escorted Judy and her brother to the trailer near Lawtell to get her belongings and the Bronco. After an interchange between Deputy Fruge and Frank Guillory concerning the truck (Bronco) and some social security papers, Frank Guillory eventually turned the Ford Bronco over to Judy. During this episode, Judy Guillory did not at any time convey to Deputy Fruge any threats by Frank Guillory to her or her children. Frank Guillory displayed no signs of threats or violence toward Judy Guillory. There were no visible signs of violence or injury to Judy Guillory. Deputy Fruge states that he did not file a report on this matter at that time because he was just rendering domestic assistance insofar as there were no visible or outward signs of violence or harm to Judy Guillory or her children. Deputy Fruge later filed a report in the matter on September 22, 1993, at the request of his supervisor.
On April 30, 1993, a judgment was signed granting Judy Guillory a protective order prohibiting Frank Guillory from abusing, harassing, threatening ... her and her children and prohibiting Frank Guillory from going near her residence in Lewisburg unless Judy Guillory requested that he do so. Despite said protective order, there was permissive contact by and between Judy and Frank Guillory. In fact, quite surprisingly, Frank Guillory was allowed on the Bourque *678 premises in Lewisburg without formal objection thereto. Though Mrs. Bourque and Judy's sister (Linda Riley) did not approve of Frank being there, and were scared of him, no action was taken to enforce the protective order until the night of Judy's death. Frank Guillory, between April 30, 1993, and June 1, 1993, was allowed access to the premises on several occasions, would often sit on the swing on Mrs. Bourque's property and even cooked for them on one occasion. Evidently, Judy Guillory did not object to his presence there during the existence of said protective order. Further, Mrs. Bourque acknowledged that there were discussions by and between Frank and Judy regarding their joint purchase of property with plans to build. Most unfortunately, evidence reveals that Frank continued to be a part of Judy's life.
On the day of Judy and Tom's deaths (June 1, 1993), Frank Guillory was on the Bourque property in Lewisburg, evidently without objection. Judy and her kids were staying in a converted bus/camper behind Mrs. Bourque's house and lounge. Later that evening around 9:00 p.m., Lauren went to her grandmother's (Mrs. Bourque's) house at Judy's request to ask Mrs. Bourque to call the sheriff about Frank. Mrs. Bourque went to the bus to check on the situation and confirmed the fact that Judy wanted her to call the sheriffs office. Mrs. Bourque returned home and called the sheriffs office around 9:30 p.m. and requested assistance because her daughter was "having problems with her husband." Defendant, Deputy Myron Guillory, responded to the call for assistance.
The crux of Deputy Guillory's involvement in this case is set forth in his statement.... Said statement was prepared by Deputy Guillory the day after the shooting. Deputy Guillory arrived on the scene (Bourque's Lounge in Lewisburg) at approximately 9:38 p.m. and first spoke to Mrs. Bourque. Mrs.

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Bluebook (online)
747 So. 2d 675, 1999 WL 994110, Counsel Stack Legal Research, https://law.counselstack.com/opinion/latiolais-v-guillory-lactapp-1999.