Robinson v. Dunn

683 So. 2d 894, 1996 WL 663793
CourtLouisiana Court of Appeal
DecidedNovember 8, 1996
Docket96 CA 0341
StatusPublished
Cited by13 cases

This text of 683 So. 2d 894 (Robinson v. Dunn) 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
Robinson v. Dunn, 683 So. 2d 894, 1996 WL 663793 (La. Ct. App. 1996).

Opinion

683 So.2d 894 (1996)

Rev. Arelious ROBINSON
v.
William DUNN, Sr., et al.

No. 96 CA 0341.

Court of Appeal of Louisiana, First Circuit.

November 8, 1996.
Writ Denied January 31, 1997.

*895 Johnnie A. Jones, Sr., Jones & Jones, Baton Rouge, for Plaintiff-Appellant Rev. Arelious Robinson.

W. Lee Overton, Lexlee Overton Johnson, Lee Overton, Baton Rouge, for Defendants-Appellees, William Dunn, Sr., et al.

Before CARTER, GONZALES and PARRO, JJ.

PARRO, Judge.

This is an appeal from an involuntary dismissal with prejudice of the plaintiff's claim for damages as a result of an alleged battery committed by the defendants. We affirm.

PLAINTIFF'S CLAIM

Plaintiff, Reverend Arelious Robinson ("Rev. Robinson"), claimed he was injured on July 17, 1993, in an altercation provoked by defendants, William Dunn, Sr. ("Mr. Dunn") and his five sons, Cleo, Lewis Edward, Jessie, Johnny, and Leo ("the Dunn brothers"), at the Union Baptist Church in Norwood, Louisiana. Rev. Robinson had been the pastor there since April 1990. Mr. Dunn was head deacon and two of his sons were also deacons. They apparently did not want Rev. Robinson to continue as pastor of Union Baptist Church. Rev. Robinson claimed that, shortly after he opened the Saturday church meeting on July 17, 1993, Mr. Dunn told his five sons to "Get him out of here." Rev. Robinson's petition to the court described what allegedly happened next, as follows:

At the command, "Get him out of here"! shouted by the defendant, WILLIAM DUNN, SR., to his five (5) sons who are named defendants herein, the tranquility [sic] of that Christian gathering was interrupted, disturbed, thrown into disorder; and the plaintiff, REVEREND ARELIOUS ROBINSON, the Pastor of Union Baptist Church, was pounced upon by the defendants, CLEO DUNN, LEWIS EDWARD DUNN, JESSIE DUNN, JOHNNY DUNN, and LEO DUNN (the five (5) sons of the defendant, WILLIAM DUNN, SR.), like a cat upon a mouse, who took seize of the plaintiff, pulled him down and out of the pulpit area of the Union Baptist Church; and forcefully removed him (the plaintiff) from the pulpit area of the Union Baptist Church while twisting his arms, clobbering and clinching him across the shoulders and at the back of the neck and base of the head, stretching his body and limbs as they pulled in an opposite direction, a tug-of-war game, in a manner as to tear him apart; and as they caught him up in the seat of his pants and booted him *896 out of the church-house door his head and chest contacted some parts of the door; and, thereby, caused him to sustain injury to his chest and head.

Rev. Robinson claimed these actions caused him physical injuries, pain and suffering, as well as embarrassment, humiliation, mental anguish, mental distress, and mockery of professionalism, entitling him to monetary damages.

TRIAL AND JUDGMENT

The plaintiff testified on his own behalf and presented the testimony of sixteen witnesses in support of his claims. At the close of the plaintiff's case, the defense moved for an involuntary dismissal on the grounds that Rev. Robinson had not proved the elements of his case by a preponderance of the evidence.[1] The court granted the motion, dismissing the plaintiff's case with prejudice.

The judge gave oral reasons for his ruling, which included the following findings of fact. The intent of the church members was for the minister at the Union Baptist Church to be hired for a period of one year. If the minister was not retained by a vote of the membership within that one year, the position became vacant. A meeting was held in April 1993 for the purpose of voting on whether or not to retain the minister, but the vote was not taken. Therefore, Rev. Robinson was no longer pastor of Union Baptist Church after that date. In July 1993, another church meeting was held. Although Rev. Robinson was not a church member, was no longer the pastor, had no right to be present at the meeting, and had been notified that he was not welcome, he attended the meeting. He was asked to leave the church, but did not do so. At that point, several of the Dunn brothers approached Rev. Robinson, took him by each arm, and tried to remove him from the church. He grasped the pulpit and they pulled him with sufficient force to disengage him from it, and then escorted him outside to the parking lot.

The court reasoned that, because Rev. Robinson had no right to be present on church property and had refused to leave, the church members had the right to use reasonable force to eject him from the premises. The judge found the extent of the force used to accomplish this purpose was reasonable and therefore, no tort was committed.

APPLICABLE LAW

LSA-C.C.P. art. 1672(B) provides the basis for an involuntary dismissal at the close of a plaintiff's case in an action tried by the court without a jury. In determining whether an involuntary dismissal should be granted, the appropriate standard is whether the plaintiff has presented sufficient evidence on his case-in-chief to establish his claim by a preponderance of the evidence. Hutzler v. Cole, 93-0486 (La.App. 1st Cir. 3/11/94), 633 So.2d 1319, 1323, writ denied, 94-0850 (La. 5/13/94), 637 So.2d 1070. Unlike the motion for a directed verdict in a jury case, the judge is free to evaluate the evidence and render a decision based upon a preponderance of the evidence, without any special inferences in favor of the party opposed to the motion. Super Fresh/Sav-A-Center, Inc. v. Ashy-Bickham Baker, 94-2548, p. 5 (La. App. 1st Cir. 5/5/95), 655 So.2d 531, 534, writ denied, 95-1864 (La. 11/3/95), 661 So.2d 1384. Proof by a preponderance of the evidence simply means that, taking the evidence as a whole, the evidence shows the fact or cause sought to be proved is more probable than not. McCurdy v. Ault, 94-1449, p. 5-6 (La. App. 1st Cir. 4/7/95), 654 So.2d 716, 720, writ denied, 95-1712 (La. 10/13/95), 661 So.2d 498.

A dismissal based on LSA-C.C.P. art. 1672(B) should not be reversed in the absence of manifest error. Shafer v. State, Dept. of Transp. & Dev., 590 So.2d 639, 642 (La.App. 3rd Cir.1991). The two-part test for the appellate review of facts is: 1) whether there is a reasonable factual basis in the record for the finding of the trial court, and 2) whether the record establishes that the finding is not manifestly erroneous. Mart v. Hill, 505 So.2d 1120, 1127 (La.1987). If a reasonable factual basis exists, an appellate court may set aside a trial court's factual *897 finding only if, after reviewing the record in its entirety, it determines the trial court's finding was clearly wrong. Even though an appellate court may feel its own evaluations and inferences are more reasonable than the fact finder's, reasonable evaluations of credibility and reasonable inferences of fact should not be disturbed upon review where conflict exists in the testimony. Where there are two permissible views of the evidence, the fact finder's choice between them cannot be manifestly erroneous or clearly wrong. Stobart v. State, Through Dept. of Transp. and Dev., 617 So.2d 880, 882 (La.1993).

A battery is harmful or offensive contact to another without that person's consent, done with an intent to cause the person to suffer such a contact. Caudle v. Betts, 512 So.2d 389, 391 (La.1987). In a civil battery case, the burden of proof is on the plaintiff to establish that a battery was committed. Poret v. Wilson, 612 So.2d 898, 900 (La.App. 4th Cir.1993).

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Cite This Page — Counsel Stack

Bluebook (online)
683 So. 2d 894, 1996 WL 663793, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robinson-v-dunn-lactapp-1996.