Ledbetter v. Concord General Corp.
| Decision Date | 20 September 1991 |
| Docket Number | No. 23380-CW,23380-CW |
| Citation | 588 So.2d 115 |
| Parties | Lucy Wilinda LEDBETTER, et al. v. CONCORD GENERAL CORP., et al. 588 So.2d 115 |
| Court | Court of Appeal of Louisiana — District of US |
Application for supervisory writ from Thirty-Ninth Judicial District Court, Parish of Red River; Richard N. Ware, Judge.
Hoffman, Sutterfield, Ensenat & Bankston by James Thomas Grevemberg, Donald Ensenat, New Orleans, for Classic Syndicate, Inc.
Bethard & Davis by Robert E. Bethard, Coushatta, for Lucy Wilinda Ledbetter.
James Harry Askew, Shreveport, for B.G. Patel, Worth Motel.
Before MARVIN, HIGHTOWER, VICTORY, BROWN and STEWART, JJ.
WRIT GRANTED AND MADE PEREMPTORY. RULING OF TRIAL COURT REVERSED.
The evidence submitted by applicant, Classic Syndicate, Inc., shows there is no genuine issue of fact that plaintiffs suffered no damage from the wrongful entry into the motel room, other than the assault, battery, rape, and kidnapping damages which this Court previously ruled were totally excluded from coverage by the Assault and Battery Exclusion endorsement attached to the policy. Ledbetter v. Concord General Corporation, 564 So.2d 732 (La.App. 2d Cir.1990).
The ruling of the trial court is reversed, Classic Syndicate, Inc.'s motion for summary judgment is granted, and it is dismissed as a party defendant to the lawsuit.
BROWN, J., dissents with written reasons and would deny the writ.
Plaintiff rented a room at the Worth Motel on August 12, 1988 for herself and her 6-year old granddaughter. Plaintiff secured the room by insuring that the door was locked before retiring for the night. The granddaughter slept on one bed and plaintiff on the other bed. Plaintiff was awakened to find Mark Douglas McGraw standing over her armed at least with a tire tool. McGraw threatened death to the granddaughter if plaintiff did not do as she was told. McGraw raped plaintiff and then required her to get dressed and go with him to her car. When McGraw drove away in the car, plaintiff was able to jump from the vehicle and escape. McGraw was convicted of rape and sentenced to life imprisonment. This conviction and sentence was affirmed by this court in State v. McGraw, 564 So.2d 727 (La.App. 2d Cir.1990).
The motel was sued by plaintiff, plaintiff's son and the natural tutrix of the minor granddaughter. One of the defendants was Classic Syndicate, Inc. which had in full force and effect an insurance policy covering the Worth Motel at the time of the incident. Classic moved for summary judgment based on a policy endorsement which excluded coverage for claims arising out of assault and battery. This motion for summary judgment was denied by the trial court and writs were taken to this court. In an opinion from this court, the endorsement was found to exclude all damages occurring from the rape and kidnapping. This court determined that the term "assault and battery" embraced rape and kidnapping. This court, however, remanded the case to determine if damages from the wrongful entry could be separated from damages as a result of the assault and battery. Ledbetter v. Concord General Corporation, 564 So.2d 732 (La.App. 2d Cir.1990).
A new motion for summary judgment was filed and denied by the trial court. The evidence presented at this motion showed that the damages from the rape and kidnapping were inseparable from those for wrongful entry and a breach of the innkeeper's duty.
I believe our initial decision was wrong. An innkeeper owes to his guests a duty of care and protection. A basic element of this innkeeper's duty is to maintain the premises in a reasonably secured condition and to protect a guest's right to privacy from an unauthorized entry. The insurance policy sold by defendant, Classic Syndicate, Inc., provided coverage for injuries resulting from a breach of such an innkeeper's duty and specifically covered personal injuries from wrongful entry.
The endorsement attached to the insurance policy excluded...
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Ledbetter v. Concord General Corp.
...the trial court's ruling and granted Classic's motion for summary judgment, dismissing it as a party defendant to the lawsuit. 588 So.2d 115 (La.App.2d Cir.1991). Upon plaintiffs' application, this court granted writs, vacated the judgment of the [95-0809 La. 3] court of appeal and denied t......
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Alvarado v. Doe
...other than the assault, battery, rape and kidnapping charges which were excluded from insurance coverage. Ledbetter v. Concord General Corp., 588 So.2d 115 (La.App. 2d Cir.1991). However, the Louisiana Supreme Court found genuine issues of material fact precluding summary judgment and rever......
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Ledbetter v. Concord General Corp.
...the Court of Appeal, Second Circuit, No. 23380-CW; Parish of Red River, 39th Judicial District Court, No. 28,038. Prior report: La.App., 588 So.2d 115. Granted. Judgment of the court of appeal granting summary judgment is vacated. Summary judgment denied. There are genuine issues of materia......