KENDRICK BENJAMIN AND MARGARET CROCKETT, INDIVIDUALLY AND ON BEHALF OF THEIR DECEASED CHILD, DONNIE CROCKETT VS STATE FARM MUTUAL INSURANCE COMPANY, JEAN BARNETT AND NOLA APARTMENTS

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NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT 2006 CA 0563 Wl KENDRICK BENJAMIN AND MARGARET CROCKETT VS Uh Y STATE FARM MUTUAL INSURANCE COMPANY JEAN BARNETT AND NOLA APARTMENTS JUDGMENT RENDERED DECEMBER 28 2006 ON APPEAL FROM THE NINETEENTH JUDICIAL DISTRICT COURT DOCKET NUMBER 525 071 DIVISION D PARISH OF EAST BATON ROUGE STATE OF LOUISIANA HONORABLE JANICE CLARK JUDGE BRUCE E UNANGST II COUNSEL FOR PLAINTIFFS APPELLANTS GONZALES LA KENDRICK BENJAMIN AND MARGARET CROCKETT DARRELL J LOUP COUNSEL FOR DEFENDANTS APPELLEES BATON ROUGE LA JEAN BARNETTE b d a NOLA APARTMENTS AND STATE FARM FIRE AND CASUALTY COMPANY BEFORE CARTER C J WHIPPLE AND MCDONALD JJ McDONALD J Plaintiffs Kendrick Benjamin and judgment granting the defendants motion for their claims On NOLA 14 Apartments and 3064 sons against the defendants We affirm April Mrs Barnette At Benjamin resided Barnette Benjamin approximately 3 40 were a m on dressed in women s of the clothes men trying Benjamin and from this vehicle to talk Benjamin s apartment The and Mr Crockett began Crockett Benjamin was buildings located Jean at 3052 Barnette2 and her complex since not to to run 1988 two when apartment at the complex At the time of the incident both According a man run then guy will talk to man pulled men Mr men pulled into deposition s out a Mr a woman gun and advised Mr gun both Mr one Benjamin to Mr Benjamin Benjamin and Mr The assailant shot and killed Mr Crockett The assailant was never Benjamin and Margaret Crockett damages against Jean Barnette Casualty Company the NOLA The defendants of get his attention and continued up the stairs Upon seeing the away Benjamin to Mr Mr Crockett and tried to ignored the On October 5 2004 Mr State Farm Fire and s Benjamin and his friend Mr Crockett exited their vehicle two shot five times but survived filed suit for 2004 Mr Benjamin complex like how him to April14 approached testified that Mr Crockett mother two The Apartments including wigs and makeup the parking lot in another vehicle the court judgment and dismissing the NOLA at have owned the to Mr returning was not a tenant As Mr trial a 1 comprised of sixteen units in are appeal husband died s Donnie Crockett were Mr summary Oswego Street in Baton Rouge Louisiana Donald and Crockett 2004 Crockett Margaret Mr caught Mr Crockett s Apartments and filed a motion for IThis memorandum opinion is issued in compliance with Uniform Rules Courts of Appeal Rule 2 l6 l B 2The plaintiffs apparently misspelled Jean Barnette s last name in the petition In addition the plaintiffs incorrectly referred to State FarmFire and Casualty Company as State Farm Mutual Insurance Company in the petition 2 u3 summary judgment contending that they guest from the independent criminal circumstances of this After case had no to duty judgment dismissing the plaintiffs lessee and his a acts of third persons under the facts hearing the trial a protect claims with court and agreed and rendered This prejudice appeal by the plaintiffs followed Appellate that govern the trial appropriate 5 review summary judgments de courts Dillard v 849 So 2d 675 03 9 determination of whether court s Duplantis depositions to judgment as a plaintiff genuine issue no matter 11 30 99 752 Pinsonneault 02 3 4 2d So v 762 of law v 766 Merchants 1364 particular 1371 the case and circumstances After did not criminal a owe acts there remain La Whether Generally presented thorough a duty de to Mr 10 on 03 855 So 2d the genuine pleadings together with file any art 966 B a make a v Inc 99 1222 duty is owed is Trust Co no duty to a p question 4 whether La protect others from the Pizza Hut of Louisiana Inc deciding La of law 2001 2217 p 7 to impose a 455 duty in a policy decision in light of the unique facts Posecai 99 1222 at p 4 752 So 2d at 766 novo review of the record Benjamin we find that the defendants and Mr Crockett to protect them from the of third persons under the facts and circumstances of this no 1 Cir App La La Stores there is Harris In 1984 court must p 5 is judgment material fact and that the mover LSA C C P Wal Mart criminal activities of third persons 2d So as to Farmers Bank 816 So 2d 270 276 summary negligence action is whether the defendant owed Posecai duty a a judgment should only be granted if A threshold issue in any the under the same criteria Dept Store 2002 0852 interrogatories and admissions answers to affidavits show that there is is entitled s 679 writ denied 2003 1620 A motion for summary 350 novo issues of material fact summary judgment is case As appropriate Thus the assessed judgment to Kendrick of the trial court is affirmed All costs of this Benjamin and Margaret Crockett AFFIRMED 4 appeal are

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