Appealed from the Twenty-Sixth Judicial District Court for the Parish of Webster, Louisiana. Trial Court No. 72912. Honorable Allen Parker Self, Jr., Judge.
JUSTIN D. DEWETT, ANDREW C. JACOBS, BRANDON T. MORRIS, G. ADAM SAVOIE, Counsel for Appellant, Candace Cook.
HOLLIS STILES, Appellee, In Proper Person.
LISA STILES, Appellee, In Proper Person.
CELESTE BRUSTOWICZ, DORIS ANN LOUISE ROYCE, Counsel for Appellee, KaJohn Oil, L.L.C.
Before WILLIAMS, DREW and GARRETT, JJ.
[49,527 La.App. 2 Cir. 1]
The plaintiff, Candace Cook, appeals a summary judgment in favor of the defendant, KaJohn Oil, L.L.C. The district court found that there was no showing that the landowner possessed actual knowledge of the dangerous animal. For the following reasons, we affirm.
In March 2012, the plaintiff, Candace Cook, worked as a waitress at KK's Restaurant, which was owned and operated by the defendant, KaJohn Oil, L.L.C. (" KaJohn" ). Benny Depingre is the managing member of KaJohn. In addition to the restaurant, KaJohn operated a truck stop, gas station and convenience store on the property. KaJohn also was the owner and lessor of a house located adjacent to the parking lot behind the businesses. The co-defendants, Hollis Stiles and his wife, Lisa Stiles, rented the house and owned a dog named " Max." Lisa Stiles is a cousin of Candace Cook. During a break from work, Cook and her boyfriend walked across the parking lot to visit her cousin. As Cook approached the house, she saw the dog chained to a pole in the yard and
Hollis was standing outside with his foot on the dog's chain. The dog was barking and growling at Cook and her boyfriend. As they passed, the dog rushed forward and bit ...