Bouton v. Allstate Insurance Company

491 So. 2d 56 (1986)

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Nature Of The Case

This section contains the nature of the case and procedural background.

Facts

Jeffrey Scott Trammel, aged 15, Robert Martin Landry, Jr., aged 13, and Daniel Breaux, aged 13, went trick-or-treating. Trammel and Breaux rang P's front doorbell while Landry waited at the sidewalk. P opened the door and saw Breaux dressed in military fatigues holding a plastic model submachine gun. P shut the door immediately and locked it, then armed himself with a .357 magnum pistol. He returned to the door, opened it, and saw a flash of light, caused by Trammel's triggering a photographic flash. P's pistol then discharged, the bullet striking and killing Breaux. P was tried for second-degree murder and acquitted. P then sued D, the insurer of Landry and Breaux, and Independent Fire Insurance Company (Independent), the insurer of Trammel. P alleged that the boys' actions were tortious and caused him to be indicted and tried for second-degree murder, paying substantial attorney fees, losing his job, and suffering unfavorable publicity. Ds moved for summary judgment, which was granted and P appealed.

Issues

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Holding & Decision

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Legal Analysis

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