Articles Tagged with duty of care

pexels-brett-sayles-1756957-1024x683A celebratory night out turned into a nightmare for Reuben Ellis when he was shot in a parking lot after attending a friend’s wedding reception at Bella Noche nightclub. Ellis’s quest for justice led him to sue not only the nightclub but also the property owner, Plaza Holdings, LLC. This legal battle highlights the complexities of premises liability and the extent to which property owners are responsible for the safety of their tenants’ patrons.

The Incident & Ensuing Legal Battle:

In the early hours of July 27, 2015, gunfire erupted in the parking lot outside Bella Noche, leaving Ellis with a gunshot wound to the neck. He sued several parties, including Plaza Holdings, the owner of the shopping center where the nightclub was located.

pexels-pixabay-236380-1024x678In a heart-wrenching case involving the sexual assault of a patient at an outpatient psychiatric treatment facility, the Louisiana Court of Appeal, Third Circuit, recently affirmed a summary judgment that dismissed claims against two individual owners/officers of the facility. The decision, handed down in Sam v. Genesis Behavioral Hospital, underscores the legal complexities surrounding personal liability for corporate officers in cases of negligence. Let’s delve into the details of the case and its implications.

Facts and Procedural History

The plaintiff, Jessica Charles, attended an outpatient program at Genesis Behavioral Hospital. Tragically, she was lured off the premises by another patient, Dave Carter, Jr., and was subsequently raped and exposed to HIV. Understandably, Ms. Charles filed a lawsuit seeking damages from Mr. Carter and Genesis Behavioral Hospital, its insurer, and its officers, Will Arledge and Gretchen Karltenbach.

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