 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Bacas v. Falgoust5/30/2000
MCMANUS, J., CONCURS WITH REASONS.
SUMMARY JUDGMENT VACATED; CASE REMANDED.
Plaintiff, Rose Bacas, appeals from the summary judgment granted in favor of defendant, Leroy Falgoust d/b/a Falgoust Investigations (Falgoust). For the reasons which follow, we vacate the summary judgment and remand.
Falgoust, a private investigator, was hired by plaintiff's former attorney to investigate a personal injury case which the attorney was preparing on plaintiff's behalf. The attorney was in the process of preparing a case against plaintiff's former employer, EZ Serve, and/or her attacker. In the course and scope of her employment, she was at gunpoint robbed, raped and forced to perform oral sex. In addition to physical injuries, plaintiff suffered serious mental and emotional injuries. Falgoust met plaintiff during the course of his work for the attorney in preparing a report of the crime and plaintiff's injuries. Falgoust produced his report on October 15, 1996, but he continued to contact plaintiff at her home until about March 15, 1997. At various times during these contacts, after being told to stop, plaintiff alleges that Falgoust made lewd and obscene remarks to her in an attempt to coerce her into performing oral sex. Falgoust was armed during these visits and once placed his gun on her kitchen counter. Plaintiff alleges that once he told her that he was on a board for victim's assistance and that he could help her get some money if she would perform oral sex. Plaintiff alleges that Falgoust was in a position to know of her delicate mental condition due to the aggravated rape and his actions caused her further mental deterioration for which he should be held liable. Plaintiff filed suit against Falgoust.
Falgoust filed for a summary judgment, arguing that while his comments might have been rude and crude, they are not actionable. He contends that he breached no duty that he owed to plaintiff. Further, he contends that even if he did breach a duty, plaintiff has not suffered any damages because of it.
The trial court granted the summary judgment in favor of defendant. It is from this judgment that plaintiff appeals, arguing that there are material issues of fact that preclude a summary judgment.
Falgoust argues that any liability he might have to plaintiff must come within a duty risk analysis. He contends that he owed plaintiff no duty, beyond his duty to thoroughly investigate and report on the case and that he breached none to her. He argues that, in the alternative, if he did breach a duty to plaintiff, she was not seriously injured by the breach. Thus, Falgoust argues that there were no genuine issues of material fact and that he was entitled to summary judgment as a matter of law. We disagree.
The trial court is required to render summary judgment "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to material fact, and that mover is entitled to judgment as a matter of law." La. C.C.P. art. 966(B). Further, it is well settled that the appellate review of summary judgment is de novo, applying the same standard as the trial court. Accordingly, we undertake a de novo review.
Plaintiff contends that Falgoust has worsened her emotional condition by his repeated unwelcome sexual requests. Further, he made these harassing sexual remarks in a situation of superiority over the plaintiff and with full knowledge of her delicate, if not deteriorated, emotional state. Falgoust was hired by plaintiff's attorney to assist in working up her workers' compensation/tort claim against her employer and/or a civil case again
Page 1 2 3 Louisiana Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|