Morales v. Boomtown, L.L.C. of Delaware

27 So. 3d 914, 9 La.App. 5 Cir. 194, 2009 La. App. LEXIS 1827
CourtLouisiana Court of Appeal
DecidedOctober 27, 2009
DocketNo. 09-CA-194
StatusPublished
Cited by2 cases

This text of 27 So. 3d 914 (Morales v. Boomtown, L.L.C. of Delaware) 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
Morales v. Boomtown, L.L.C. of Delaware, 27 So. 3d 914, 9 La.App. 5 Cir. 194, 2009 La. App. LEXIS 1827 (La. Ct. App. 2009).

Opinions

WALTER J. ROTHSCHILD, Judge.

| gPIaintiffs, Deidre and Brian Morales, appeal a summary judgment rendered in favor of one of the defendants, Louisiana-I Gaming, a Louisiana Partnership in Com-mendam d/b/a Boomtown Casino (hereinafter referred to as “Boomtown”). For the following reasons, we affirm.

FACTS AND PROCEDURAL HISTORY

This case arises from an incident that occurred at Boomtown Casino in Harvey, Louisiana on July 8, 2005. Deidre Morales was playing a nickel slot machine while Ronette Thompson, her mother, and her father, Stewart Thompson, were playing slot machines nearby. According to the record, Ms. Thompson or her boyfriend had previously been playing the machine that Ms. Morales had begun to play. While playing this slot machine, Ms. Morales won a jackpot. While Ms. Morales waited for an attendant to arrive to pay her winnings, a verbal argument began between Ms. Morales and Ms. Thompson. Aja Washington, who was | ^working at Boomtown as a slot machine attendant, arrived to pay Ms. Morales. Ms. Morales claims that she asked Ms. Washington to call security or to tell Ms. Thompson “to shut up,” but Ms. Washington moved Ms. Morales to the aisle and told her to ignore Ms. Thompson. Then, a physical altercation occurred between Ms. Morales and Ms. Thompson, and Stewart Thompson became involved in the altercation as well. Security officers arrived quickly, the fight was immediately stopped, and the police were called to the scene.

On June 20, 2006, Ms. Morales and her husband filed a Petition for Damages against Boomtown, Ronette Thompson, and Stewart Thompson, in which they assert that Boomtown is liable for damages sustained by Ms. Morales in this incident because its employee, Ms. Washington, did not prevent the confrontation or accurately assess the risk to Ms. Morales. In the petition, plaintiffs further contend that Boomtown is liable because its surveillance and security employees did not timely and effectively prevent the physical confrontation.

On June 18, 2008, Boomtown filed a Motion for Summary Judgment asserting that it should be dismissed from this lawsuit, because: 1) it had no legal duty to prevent unexpected and spontaneous criminal acts of third parties, and 2) it fulfilled its duty of reasonable care by providing adequate, trained security officers to protect its customers. Plaintiffs opposed the motion,1 arguing that there are several genuine issues of material fact, that the confrontation was reasonably foreseeable, and that Ms. Washington should have called security when Ms. Morales allegedly asked her to do so.

After a hearing on October 28, 2008, the trial judge took the matter under advisement in order to allow him the opportunity to view a videotape of the | incident. On November 5, 2008, the trial judge granted Boomtown’s motion and rendered sum-maty judgment in its favor. It is from this judgment that plaintiffs appeal.

LAW AND DISCUSSION

On appeal, plaintiffs argue that the trial court erred in granting Boomtown’s Motion for Summary Judgment. Plaintiffs claim that there are several genuine issues of material fact that preclude summary [916]*916judgment, such as whether the Thomp-sons’ conduct in assaulting Ms. Morales was reasonably foreseeable, whether Boomtown’s employee, Ms. Washington, should have recognized the danger in the Thompsons’ abusive language and negligently failed to immediately call for security, and whether Boomtown’s employees had adequate training or notice in order to prevent the assault of Ms. Morales.

Appellate courts review summary judgments de novo using the same criteria that govern the trial court’s consideration of whether or not summary judgment is appropriate. Schroeder v. Board of Supervisors of Louisiana State University, 591 So.2d 342, 345 (La.1991); Bua v. Dressel, 96-79, p. 3 (La.App. 5 Cir. 5/28/96), 675 So.2d 1191, 1192, writ denied, 96-1598 (La.9/27/96), 679 So.2d 1348. LSA-C.C.P. art. 966(B) provides that summary judgment will be granted if the pleadings, depositions, answers to interrogatories, admissions on file, and any affidavits show that there is no genuine issue of material fact, and that the mover is entitled to judgment as a matter of law. The decision as to the propriety of a grant of a motion for summary judgment must be made with reference to the substantive law applicable to the case. Input/Output, Inc. v. Wilson Greatbatch, Inc., 07-570, p. 6 (La.App. 5 Cir. 1/22/08), 977 So.2d 109, 112, writ denied, 08-397 (La.4/18/08), 978 So.2d 350.

IfiThe party bringing a motion for summary judgment bears the burden of proof; however, where the moving party will not bear the burden of proof at trial, the moving party must only point out that there is an absence of factual support for one or more elements essential to the adverse party’s claim. LSA-C.C.P. art. 966(C)(2). The burden does not shift to the party opposing the summary judgment until the moving party first presents a prima facie case that no genuine issue of material fact exists. Underwood v. Best Western Westbank, Inc., 04-243, p. 5 (La.App. 5 Cir. 8/31/04), 881 So.2d 1271, 1274. Thereafter, if the adverse party fails to produce factual support sufficient to show that he will be able to meet his evidentiary burden of proof at trial, no issue of material fact exists and the moving party is entitled to summary judgment. Id.

In the present case, at the hearing on the Motion for Summary Judgment and on appeal, plaintiffs do not claim that security officers did not arrive timely after being notified of the altercation between the parties. Plaintiffs admit that security officers stopped the fight as soon as they arrived, and they state in their brief on appeal that the response time of the security officers suggests proper training. However, plaintiffs assert that proper procedure for Ms. Washington and other employees, when faced with customer hostility, was to alert security immediately and Ms. Washington failed to do so in this case. Boomtown responds that the alleged criminal conduct of the Thompsons was not foreseeable, that Boomtown provided adequate, trained security officers to protect its customers, and they acted appropriately under the circumstances.

A business proprietor’s duty to his patrons includes that the proprietor must refrain from conduct likely to cause injury to a guest and he must maintain the premises free from unreasonable risks of harm or warn patrons of known dangers. Fredericks v. Daiquiris and Creams of Mandeville, L.L.C., 04-567, p. 4 (La.App. 1 Cir. 3/24/05), 906 So.2d 636, 640, writ denied, 05-1047 (La.6/17/05), 904 So.2d 706. Generally, there is no duty to protect others from the criminal acts of third parties. Taylor v. Stewart, 95-1743 (La.App. 1 Cir. 4/4/96), 672 So.2d 302, 307. Business owners are not insurers of their patrons’ safety, but they do have a duty to [917]*917implement reasonable measures to protect patrons from criminal acts when those acts are reasonably foreseeable. Posecai v. Wal-Mart Stores, Inc., 99-1222, p. 5 (La.11/30/99), 752 So.2d 762, 766.

The foreseeability of the crime risk on the defendant’s property and the gravity of the risk determines the existence and extent of the defendant’s duty. Bezel v, Original Library Joe’s, Inc., 01-1586, p. 9 (La.App. 1 Cir. 11/8/02), 838 So.2d 796, 801. The plaintiff has the burden of establishing the duty defendant owed under the circumstances. Id.

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

Related

Kilber v. PNK (Lake Charles), LLC
201 So. 3d 943 (Louisiana Court of Appeal, 2016)
Ruben Kilber v. Pnk (Lake Charles), LLC
Louisiana Court of Appeal, 2016
Morales v. BOOMTOWN, LLC OF DELAWARE
27 So. 3d 914 (Louisiana Court of Appeal, 2009)

Cite This Page — Counsel Stack

Bluebook (online)
27 So. 3d 914, 9 La.App. 5 Cir. 194, 2009 La. App. LEXIS 1827, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morales-v-boomtown-llc-of-delaware-lactapp-2009.