BOUTON V. ALLSTATE INSURANCE, Ct. of Appeal of Louisiana, 1st Circuit, 1986, 491 S. 2d 56

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BOUTON V. ALLSTATE INSURANCE, Ct. of Appeal of Louisiana, 1st Circuit, 1986, 491 S. 2d 56 Powered By Docstoc
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BOUTON V. ALLSTATE INSURANCE, Ct. of Appeal of Louisiana, 1 st Circuit, 1986, 491 S. 2d 56 History: Trial court granted summary judgment motions and sustained the exception of no cause of action; Plaintiff Bouton appealed; ALSO, Bouton tried for 2 nd degree murder and acquitted Facts: On Halloween 1981, Trammel, Landry, and Breaux went trick-or-treating; they stopped at Plaintiff Bouton’s house; Trammel and Breaux rang the doorbell, while Landry waited at the sidewalk; Plaintiff Bouton opened door and saw Breaux dressed in fatigues holding fake submachine gun, shut door, and armed himself w/a .357 magnum pistol; Plaintiff Bouton re-opened front door, and according to him, saw a flash of flight which made him trigger his gun, striking and killing Breaux Issue(s): Did boys commit an assault, causing the events which followed? Holding: Trial court’s summary judgment granted affirmed at plaintiff’s costs Analysis: Since it was Halloween and Bouton was giving out candy, it is reasonable to think someone would see a bunch of different costumes; so Defendant could not have had a reasonable apprehension of an impending battery or physical harm; Plaintiff would’ve had to prove boys intentional act put him in reasonable apprehension of receiving a battery


				
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