Louisiana

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Titlesort descending Summary
Murrell v. Hooter


A champion jumping horse was struck and killed by a van after escaping through an open gate.  The horse owner sued the property owners for negligence and the trial court granted defendants' summary judgment.  The Court of Appeals reversed the decision holding the defendants were not entitled to immunity under the Equine Immunity Statute.

New Orleans Bulldog Soc'y v. Louisiana Soc'y for the Prevention of Cruelty to Animals The Plaintiff, the Bulldog Rescue Mission, is a nonprofit dog welfare organization organized under Louisiana law to advocate for dog welfare in New Orleans. The plaintiff sought information under Louisiana’s Public Records Law related to the dogs euthanized by the Defendant, the Louisiana Society for the Prevention of Cruelty to Animals (LSPCA). LSPCA declared that they were not a public body and thus, not subject to the Public Records Law. The Bulldog Rescue Mission filed a petition for writ of mandamus in the district court, seeking a declaratory judgment and injunctive relief. The trial court dismissed their petition and the plaintiff appealed. The Court of Appeal of Louisiana, Fourth Circuit held that LSPCA was a quasi-public entity subject to Public Records Law because the organization performed municipal functions on behalf of the municipal government. The court found LSPCA receives an annual compensation of almost two million dollars for providing services for quasi-municipal functions such as enforcing code violations and taking and receiving animals. Thus, it cannot characterize the service as "voluntary" since it "clearly operates[s] under the color of City Authority." Bulldog rescue also claims error with the trial court ruling that, even if LSPCA is subject to public records laws, these obligations are met through its Cooperative Endeavor Agreement (CEA) reporting requirement. This court found that the CEA contractual agreement made between the city of Louisiana and LSPCA allowing the organization to provide mandated city services related to animal control could not be used to circumscribe Public Records Law compliance. In other words, the limited statistical reporting required under the CEA is not a valid substitute for a public record request that would show all governmental functions and duties performed. The judgment of the trial court was reversed where this court found the trial court clearly erred in dismissing the Bulldog Rescue petition for a writ of mandamus.
Overview of Louisiana Great Ape Laws This is a short overview of Louisiana Great Ape law.
Peloquin v. Calcasieu Parish Police Jury


The finders of a stray cat were able to maintain a conversion suit against their neighbors who trapped the cat and brought it to a shelter where it was euthanized.

Pepper v. Triplet


Neighbor sued dog owner for injuries resulting from dog bite.  Supreme Court held that a plaintiff must show that, first, that the injuries could have been prevented by the dog owner and that the plaintiff did not provoke the dog to attack, second, that the dog presented an unreasonable risk of harm, and third, that the owner failed to exercise reasonable care.  Plaintiff did not accomplish this.  Reversed. (Extensive history of state dog bit law.)

Quave v. Bardwell


Plaintiff-appellee, Debbie Quave, filed this suit against defendant-appellant, Curtis Bardwell, seeking damages for the deliberate and unjustified killing of her german shepherd dog, Kilo Bandito. The court upheld an award of $2,650, finding that the assessment of damages for plaintiff’s dog was proper since they were based on the value paid, stud fees, medical care, loss of income, and replacement costs.

Savage v. Prator


Two Louisiana "game clubs" filed an action for declaratory judgment and injunctive relief against parish commission and parish sheriff's office after being informed by the sheriff that an existing parish ordinance prohibiting cockfighting would be enforced. The clubs contended that the ordinance was violative of the police power reserved explicitly to the state (the state anti-cruelty provision is silent with regard to cockfighting).  The First Judicial District Court, Parish of Caddo granted the clubs' request for a preliminary injunction.  The Supreme Court reversed the injunction and remanded the matter, finding that the parish ordinance prohibiting cockfighting did not violate general law or infringe upon State's police powers in violation of Constitution.

Savage v. Prator


After being informed by the Caddo Sheriff's Office that a 1987 Parish ordinance prohibiting cockfighting would be enforced, two organizations, who had held cockfighting tournaments since the late 1990s and the early 2000s, filed a petition for declaratory judgment and injunctive relief. After the trial court granted the organizations' request for a preliminary injunction, the Parish commission appealed and the court of appeals affirmed. Upon granting writ of certiorari and relying on the home rule charter, the Supreme Court of Louisiana found that local governments may authorize or prohibit the conduct of cockfighting tournaments within municipal boundaries. The case was therefore reversed and remanded to the district court with the injunction being vacated.


Smegal v. Gettys


Plaintiff Steven Smegal appeals a judgment that found him 50% at fault in a dog bite case. The incident occurred after the dog owned by Smegal's neighbor (Gettys) ran into the street and was hit by a school bus. Smegal approached the injured dog too closely and was bitten on his ankle. The Court of Appeal, First Circuit affirmed the lower court's finding. The court held that Smegal's actions did not constitute provocation where the dog's owners were also approaching the injured dog in an "equally provocative" manner. As to allocation of fault, the court found that while it was Gettys' failure to restrain the dog that was the ultimate cause of the accident, Smegal chose to approach the injured dog despite his training and knowledge as a police officer. Thus, this set of facts supported the trial court's allocation of comparative fault.

Smith v. Kopynec


The plaintiff appeals the lower court's dismissal of her claims against defendant-landowners and their insurers. The plaintiff was injured (for the second time) by the defendant-landowners' son's pitbull while walking past their home. While it was undisputed that the landowners did not own the dog, the issue was whether they had a duty to prevent the attack via "custodial liability." Here, the defendant-landowners asserted that they thought the son had gotten rid of the dog after it was confiscated and quarantined by animal control after it first attacked the plaintiff. Thus, this court found that defendant-landowners did not know of the dog's presence on their property and affirmed the trial court's order of summary judgment.

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