For a plaintiff to prove a negligence case, he or she must prove, among other things, that the defendant owed a legal duty to the plaintiff. See La. C.C. art. 2315 (2016). Often, this element of negligence is overlooked and taken for granted which can lead to dismissal of the plaintiff’s case. A recent Louisiana Court of Appeal case out of the Third Circuit illustrates the importance of proving duty in a negligence case.
The case centers around the suicide of Lelia Shelvin while in Lafayette Parish County Sheriff custody. Sheriff Mike Neustrom arrested Ms. Shelvin for aggravated battery with a dangerous weapon. Sheriff Neustrom then took Ms. Shelvin to Lafayette Parish Correctional Center. While at the center, Ms. Shelvin committed suicide. Ms. Shelvin’s estate filed a lawsuit against Sheriff Neustrom, alleging that Sheriff Neustrom was at fault for Ms. Shelvin’s suicide.
At trial, Sheriff Neustrom filed a motion for summary judgment, arguing that he had no duty to Ms. Shelvin because her suicide was a “sudden and completely unpredictable event.” A motion for summary judgment asks the court to decide a case before going to trial, so long as all material facts are agreed upon by the parties. The trial court granted Sheriff Neustrom’s motion for summary judgment, ruling in favor of Sheriff Neustrom. Ms. Shelvin’s estate, disagreeing with the trial court, appealed the decision.