Romaguera v. Piccadilly Cafeterias, Inc.

648 So. 2d 1000, 1994 WL 696741
CourtLouisiana Court of Appeal
DecidedDecember 14, 1994
Docket94-CA-374
StatusPublished
Cited by13 cases

This text of 648 So. 2d 1000 (Romaguera v. Piccadilly Cafeterias, 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
Romaguera v. Piccadilly Cafeterias, Inc., 648 So. 2d 1000, 1994 WL 696741 (La. Ct. App. 1994).

Opinion

648 So.2d 1000 (1994)

Victoria B. ROMAGUERA
v.
PICCADILLY CAFETERIAS, INC. and ABC Insurance Co.

No. 94-CA-374.

Court of Appeal of Louisiana, Fifth Circuit.

December 14, 1994.
Writ Denied March 10, 1995.

Jacob J. Amato, Jr., Lisa A. Dunn, Gretna, for plaintiff/appellee/cross-appellant.

*1001 Walter W. Christy, Thomas P. Hubert, New Orleans, for defendant/appellant/cross-appellee.

W.K. Christovich, Elizabeth S. Cordes, New Orleans, for amicus curiae, The Louisiana Restaurant Ass'n.

Before WICKER and GOTHARD, JJ., and BOUTALL, J. Pro Tem.

WICKER, Judge.

This is a personal injury suit by a cafeteria patron who was shot by an armed robber in the restaurant's parking lot. The main issue on appeal is whether the restaurant had a duty to provide security in its parking lot and, if so, whether the restaurant breached that duty. The trial court decided affirmatively on both issues and ruled in favor of the plaintiff. We affirm, for the reasons that follow.

On January 3, 1992 Victoria Romaguera was shot by an unknown assailant in the parking lot of the Piccadilly Cafeteria restaurant at 533 Lapalco Boulevard in Gretna. Mrs. Romaguera sustained serious injuries as a result of the shooting and filed suit against Piccadilly, alleging that the defendant failed to provide adequate security and failed to provide safe premises. Piccadilly's defense was that it owed no obligation to insure the safety of the plaintiff in the parking lot area and, therefore, it should not be held responsible for the damages resulting from the shooting. After a nonjury trial, the district court found in favor of Romaguera and awarded judgment against Piccadilly Cafeterias, Inc. in the amount of $763,721.00, plus interest from date of judicial demand, costs and expert fees. The defendant has appealed and the plaintiff has cross-appealed.

The issues are (1) whether Piccadilly had a duty to protect the plaintiff from injuries inflicted on her by an unknown perpetrator in the parking lot, (2) whether the evidence established that the risk of harm was sufficiently foreseeable to require the defendant to provide special security for the parking lot, (3) whether the security measures undertaken by Piccadilly were unreasonable or inadequate, and (4) whether the awards for general damages and loss of future earnings were inadequate.

FACTS

At about 7:00 p.m. on January 3, 1992, Mrs. Romaguera, accompanied by four children and her mother, pulled her car into the parking lot of the Lapalco Piccadilly, where she was planning to dine. As Mrs. Romaguera was getting out of her vehicle, a Suburban truck pulled up behind her, blocking both her car and the car parked next to her. A black male emerged, wearing a bandanna over his face and holding a gun. He approached Mrs. Romaguera, who told him, "Don't take me." He shot her and she lost consciousness.

Three of the four children with her ran into the restaurant, but her youngest daughter and her mother, Patrina Sunseri, were still in the car. The assailant leaned into the car and put his gun on Mrs. Sunseri, who fainted. Connie Guilbeau, a Piccadilly patron who was parked in the space next to Mrs. Romaguera's car, observed the attack. When Mrs. Guilbeau realized what was happening, she threatened the assailant with a gun she had in her car. He jumped in the passenger side of the Suburban and fled the scene.

There was evidence that the perpetrators in this case probably committed two armed robberies the same night as the attack on Mrs. Romaguera. In one of those incidents the victims were shot as well.

There had been an attempted armed robbery of the Piccadilly's cashier in October 1990. Subsequently, the management posted a security guard (an off-duty Jefferson Parish sheriff's deputy) inside the restaurant between six o'clock and ten o'clock each night. The guard was instructed to stay near the cash register. Although the guard sometimes walked patrons to their cars at their request, the management made no attempt to post a guard in the parking lot or outside in front of the restaurant. The side parking lot was not visible from inside the restaurant and the security guard on duty when the plaintiff was shot was unaware of the incident until it was over.

*1002 Richard Means, manager of the Lapalco Piccadilly, testified that the company had no policy or procedures for dealing with patron security. Installation of security was primarily a decision for each individual manager to make, with approval through the chain of command. Means stated that after the October 1990 attempted armed robbery, he contacted the Jefferson Parish Sheriff's Office about placement of a security detail. He spoke to Captain Don Cambre, head of the Detail Office, who sent Deputy Verlean Thomas to see him. After discussion, Deputy Thomas and Means agreed that since there had been no incidents in the restaurant's parking lot the security guard should be placed inside to protect the cash register. Means said his primary concern was to protect the cash box. No one performed a security analysis.

Means' testimony was supported by that of several executives of the Piccadilly corporation, who indicated the company relied on the judgment of individual managers and the local sheriff's office or police department of each restaurant location to determine security needs. At least two other Piccadilly restaurants in the New Orleans area have exterior security guards as well as interior. None of the Piccadilly employees have had any training in security. Their testimony was that the primary means Piccadilly uses for restaurant safety is to try to choose low-crime areas when selecting sites for new restaurants, and to provide their buildings with adequate lighting and parking facilities. In lighting their parking areas, they simply comply with parish building code requirements. The Lapalco Piccadilly restaurant was built in 1982.

Wade D. Schindler, Ph.D., testified for plaintiff as a security expert. Dr. Schindler reviewed the Jefferson Parish crime statistics for 1989 through 1991 and determined that within the quarter-mile "grid" in which the Piccadilly restaurant is located, there had been 109 weapons incidents reported during the three-year period, as well as a high proportion of person-to-person crime within a two-mile circumference of Piccadilly. He testified that the number of crimes in the area is much higher than the average for Jefferson Parish, especially crimes involving automobiles. In his opinion the type of crime which occurred in this case is foreseeable because of the sheer numbers of crimes that had occurred involving automobiles and aggravated crimes.

In addition, Dr. Schindler pointed out that the restaurant is located on a major thoroughfare which provides easy access to criminals and affords them a quick escape route. The restaurant is surrounded by boarded-up and abandoned shops to the rear, abandoned parking lots to the rear and east side, an empty lot to the west, and a main thoroughfare at the front. He said these factors are warning signs to anyone with security training because they show the area is vulnerable. Further, the restaurant has no windows on its west side (the side on which the plaintiff had parked), so the guard cannot see that parking area from the cash register location, nor be seen by potential robbers who are in the west lot.

Further, Dr. Schindler performed lighting tests in the west parking area and determined that the area in which the shooting occurred registered .5 and .7 foot candles, well below the two to five foot-candle-power he stated is required.

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Bluebook (online)
648 So. 2d 1000, 1994 WL 696741, Counsel Stack Legal Research, https://law.counselstack.com/opinion/romaguera-v-piccadilly-cafeterias-inc-lactapp-1994.