LeBlanc v. Hayes

827 So. 2d 611, 2002 WL 31207201
CourtLouisiana Court of Appeal
DecidedOctober 2, 2002
DocketNo. 02-290
StatusPublished

This text of 827 So. 2d 611 (LeBlanc v. Hayes) 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
LeBlanc v. Hayes, 827 So. 2d 611, 2002 WL 31207201 (La. Ct. App. 2002).

Opinion

_[jSULLIVAN, Judge.

Glenn LeBlanc and his wife appeal the trial court’s grant of summary judgment in favor of Donald Stelly and Louisiana Farm Bureau Casualty Insurance Company (Defendants). For the following reasons, we reverse.

Facts

On February 13, 1999, Glenn LeBlanc and his minor son, Gregory, were hunting rabbits with his beagles on property owned by Wanda Latiolais in Vermilion Parish. Ms. Latiolais had leased the property to Mr. Stelly who farmed rice and crawfish on a portion of the property. In February 1999, Mr. Stelly allowed Lod Hayes to farm crawfish in a pond situated on the property. While near the crawfish pond, Mr. LeBlanc’s beagles found and ate fish parts, which caused them to become ill; one of the dogs died.

Mr. LeBlanc contacted the Louisiana Department of Wildlife and Fisheries to [613]*613investigate the incident. The investigation revealed that methyl parathion, a poisonous agricultural pesticide, was found present on the fish around the pond. Aldicarb, another manufactured poison, was found on fish parts in the dead dog’s stomach. Mr. LeBlanc and his wife sued Defendants and Mr. Hayes for damages. Defendants filed a motion for summary judgment on the issue of liability which was granted by the trial court. The LeBlanes appeal.

Discussion

Summary Judgment

Appellate courts review summary judgments de novo, under the same criteria which govern a district court’s consideration of the appropriateness of summary judgment. See Potter v. First Fed. Sav. & Loan Ass’n of Scotlandville, 615 So.2d 318 (La.1993). The appellate court must determine whether “the pleadings, depositions, ^answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to material fact, and that mover is entitled to judgment as a matter of law.” La.Code Civ.P. art. 966(B). Summary judgment may be granted only if the mover has proved that no genuine issues of material fact exist and that he is entitled to judgment as a matter of law. Id. Despite the legislative mandate favoring summary judgments, “factual inferences reasonably drawn from the evidence must be construed in favor of the party opposing the motion, and all doubt must be resolved in the opponent’s favor.” Willis v. Medders, 00-2507, p. 2 (La.12/8/00); 775 So.2d 1049, 1050.

In their motion for summary judgment, Defendants assert entitlement to summary judgment for two reasons: 1) Mr. Stelly is immune from suit pursuant to the Recreational Use Statutes, La.R.S. 9:2791 and 9:2795; and 2) Mr. Stelly did not breach any duty that he owed to the LeBlanes. Opposing the motion for summary judgment, the LeBlanes argue that the Recreational Statutes are inapplicable to the facts of this case and that Mr. Stelly and Mr. Hayes had entered into a joint venture to farm crawfish, which rendered Mr. Stelly hable for Mr. Hayes’ actions.

Louisiana’s Recreational Use Statutes

“The Recreational Use Statutes were enacted to induce private owners of large acreages to open expanses of undeveloped lands for public outdoor, open land recreational purposes.... ” Monteville v. Terrebonne Parish Consol. Gov’t, 567 So.2d 1097, 1098 (La.1990). La.R.S. 9:2791(A) provides:

An owner, lessee, or occupant of premises owes no duty of care to keep such premises safe for entry or use by others for hunting, fishing, camping, hiking, sightseeing or boating or to give warning of any hazardous conditions, use of, structure or activities on such premises to persons entering for such purposes. If such an owner, lessee or occupant give permission to another to enter the premises for such 1 ¡¡recreational purposes he does not thereby extend any assurance that the premises are safe for such purposes or constitute the person to whom permission is granted one to whom a duty of care is owed, or assume responsibility for or incur liability for any injury to persons or property caused by any act of person to whom permission is granted.

In Keelen v. State, Dep’t of Culture, Recreation and Tourism, 463 So.2d 1287, 1290 (La.1985), the supreme court held that for an owner to be immune from liability under these statutes his property must be “undeveloped, nonresidential rural or semi-rural land areas” and the injury-causing condition must be a condition normally found in the “true outdoors.” The [614]*614LeBlancs argue that the property does not satisfy the first requirement because improvements have been made on it. In Keelen, the court addressed this criterion, stating:

The existence of some improvements on relatively undeveloped rural or semi-rural property does not change the character of the land so as to deprive its owner of the immunity granted by the statutes. Improvements such as shelters, toilet facilities, fireplaces, etc. are merely conveniences incidental to the use of the land for enumerated recreational activities and do not of themselves take property out of a rural, undeveloped classification. This view is reinforced by the fact that the definitions of “premises” in La.R.S. 9:2791 and of “land” in La.R.S. 9:2795 include “buildings, structures and machinery.”

Id.

The only improvements on the property were apparently made to facilitate the farming operations conducted on the property. There is no suggestion that this property is anything other than rural farm land which satisfies the first requirement of Keelen.

The LeBlancs next argue that the second criteria of Keelen is not satisfied because methyl parathion and aldicarb do not naturally occur in the “true outdoors.” This criterion was explained by the court in Keelen:

Examination of the characteristics of the land alone does not end the inquiry into whether the statutes apply to a particular factual Lsituation. The injury-causing condition or instrumentality must also be scrutinized. Again, reference to the types of recreational activities specified in the statutes (hiking, boating, horseback riding, etc.) indicates that the legislature envisioned immunity for landowners who offer them property for recreation that can be pursued in the “true outdoors.” When the injury-causing condition or instrumentality is of the type normally encountered in the true outdoors, then the statutes provide immunity. Conversely, when the instrumentality, whether found in an urban or rural locale, is of the type usually found in someone’s backyard, then the statutes afford no protection.

Id (footnote omitted).

According to Mr. Hayes, he used the methyl parathion, which is very toxic, to kill ants that got in his boat and on his bait fish. The evidence indicates that he may have used it to poison animals that interfered with his crawfishing operation. Additionally, there is an indication that he did not use it in accordance with the manufacturer’s directions and that he used it in a manner for which it was not intended to be used.

For these reasons, we conclude that there is an issue of material fact as to whether the “injury-causing instrumentality,” methyl parathion and/or aldicarb, occur in the “true outdoors.”

Did Mr. Stelly breach a duty owed to the LeBlancs?

In the petition, Mr. LeBlanc alleged that Mr.

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Related

Keelen v. State, Dept. of Culture, Recreation & Tourism
463 So. 2d 1287 (Supreme Court of Louisiana, 1985)
Potter v. FIRST FEDERAL S & L ASS'N OF SCOTLANDVILLE
615 So. 2d 318 (Supreme Court of Louisiana, 1993)
Willis v. Medders
775 So. 2d 1049 (Supreme Court of Louisiana, 2000)
LeJeune v. Riviana Foods
707 So. 2d 1038 (Louisiana Court of Appeal, 1998)
Silliker v. St. Landry Police Jury
520 So. 2d 880 (Louisiana Court of Appeal, 1987)
David v. Reon
520 So. 2d 820 (Louisiana Court of Appeal, 1987)
Monteville v. Terrebonne Par. Con. Gov't
567 So. 2d 1097 (Supreme Court of Louisiana, 1990)

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Bluebook (online)
827 So. 2d 611, 2002 WL 31207201, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leblanc-v-hayes-lactapp-2002.