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Comeaux v. Wranglers Night Club12/8/2004
AFFIRMED.
The death at issue in this matter followed a visit to the defendant night club. The decedent's family members allege that the death resulted from what they contend was a physical confrontation with an employee of the club and a police officer called to the scene. At the close of the plaintiffs' case, the trial court granted the defendants' motions for involuntary dismissal. The plaintiffs appeal. For the following reasons, we affirm.
Factual and Procedural Background
This matter involves the events leading up to the November 13, 1998 death of Mark Comeaux. The record indicates that, on the previous evening, Mr. Comeaux and his roommate, Shannon Thibodeaux, visited Wranglers Night Club. It is undisputed that the two men became intoxicated during the evening. At some point, Mr. Comeaux and Mr. Thibodeaux became involved in a physical altercation. The scene brought the attention of Richard Callais, who testified that he was acting as the club's manager as well as a bouncer at the time. The physical altercation continued, with the two men eventually being removed from the club, to the business' parking lot. Testimony indicated that mace was used and that the men were handcuffed.
The record further indicates that Officer Scotty Darby of the Carencro Police Department was called to the scene. The extent of the physical altercation between Thibodeaux, Comeaux, Callais, and Darby is at issue. The plaintiffs presented witness testimony indicating that Mr. Comeaux was struck by Mr. Callais and a police officer. However, both Mr. Callais and Officer Darby denied having struck Mr. Comeaux. Although not taken into custody, both Mr. Comeaux and Mr. Thibodeaux were told to leave the property. Mr. Thibodeaux explained that he left in his own truck with Shawn Andrus. Due to Mr. Thibodeaux's condition, Mr. Andrus drove the two from the club. Both men denied knowing that Mr. Comeaux was in the back of the truck.
Mr. Andrus testified in his deposition that, while driving at approximately fifty to fifty-five miles per hour on the roadway, he heard a distinctive thump on the truck. He stated that although the noise was not on the roof, he felt that the noise came from a location near his head. Mr. Andrus pulled the truck to the side of the road, looked behind the truck, and found Mr. Comeaux lying in the road. Two witnesses traveling in a vehicle behind the truck also stopped, eventually calling 911. Before assistance arrived, however, Mr. Andrus and Mr. Thibodeaux placed Mr. Comeaux in the truck and traveled to a hospital in Lafayette. The death certificate entered into evidence indicates that Mr. Comeaux's time of death was 5:40 a.m. The "Cause of Death" portion of the certificate lists: Brain death; Closed head injury ; and Blunt Force Trauma to Head. A blood ethanol level of 275 mg/dl is listed as a significant condition contributing to the death.
Mr. Comeaux's mother and other family members filed suit seeking damages related to Mr. Comeaux's death. Wranglers Night Club, and the club's owner, Robert Darby d/b/a Robert Darby Enterprises, Inc., and Robert Callais were named as defendants. Carencro Police Department and Officer Scotty Darby were also named as defendants. With regard to Officer Darby, the plaintiffs argued that he was under the supervision and control of the Carencro Police Department and was a borrowed servant of Wranglers Night Club. Finally, the plaintiffs alleged that Officer Darby was liable as part owner/operator of Wranglers Night Club. The plaintiffs asserted that Officer Callais and Mr. Darby struck Comeaux, placed him "unconscious or already dead" in the back of the truck and that negligence in the alleged beating and in th
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