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Comeaux v. Wranglers Night Club12/8/2004
's determination that the plaintiffs failed to sustain their burden of proof in this regard.
The witness testimony is confusing as to what occurred at the time Mr. Thibodeaux and Mr. Comeaux were ordered from the property and to what degree they were assisted by Mr. Callais and Officer Darby. Mr. Callais testified that customer Johnny Granger offered to give Mr. Comeaux a ride home, and that he did not know how Mr. Comeaux left the premises as he had returned to the club to manage another problem after Officer Darby arrived. Officer Darby denied placing Mr. Comeaux in the back of the truck, stating that Shawn Andrus offered a ride to Mr. Comeaux. Officer Darby denied knowing which vehicle Mr. Comeaux went to upon leaving. Both Mr. Andrus and Mr. Thibodeaux denied knowing that Mr. Comeaux may have been in the back of the truck. Yet another witness explained that he saw Mr. Callais "knock [Mr. Comeaux] out, he picked him up and threw him in the back of the truck." Given the lack of clarity as to the circumstances surrounding Mr. Comeaux's departure from the property, the trial court was not required to conclude that any action taken or any inaction on the defendants' part was either a breach of a duty owed or was a cause-in-fact of Mr. Comeaux's death.
The plaintiffs' arguments lack merit.
DECREE
For the foregoing reasons, the trial court's granting of the motions for involuntary dismissal are affirmed. All costs of this proceeding are assessed to the plaintiffs, Barbara Ann Comeaux, et al.
AFFIRMED.
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