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Springer v. Nannie O'Neal Senior Apartments

Court of Appeal of Louisiana, Third Circuit

April 1, 2015

LYNDALL SPRINGER
v.
NANNIE O'NEAL SENIOR APARTMENTS, ET AL

Page 711

APPEAL FROM THE THIRTY-SIXTH JUDICIAL DISTRICT COURT, PARISH OF BEAUREGARD, NO. C-2012-0256 - DIVISION B. HONORABLE MARTHA ANN O'NEAL, DISTRICT JUDGE.

AFFIRMED AS AMENDED.

David M. Culpepper, New Orleans, LA, COUNSEL FOR DEFENDANT/APPELLEE: MAC-RE, LLC.

Richard A. Rozanski, Wheelis & Rozanski, Alexandria, LA, COUNSEL FOR DEFENDANTS/APPELLEES: Murray A. Calhoun, Maurice Riemer Calhoun, Jr., Calhoun Property Management, Inc., Beauregard Seniors Apartments, ALPC, Beauregard Community Action Associates, Inc.

D. Patrick Daniel, Jr., Houston, TX, COUNSEL FOR PLAINTIFF/APPELLANT: Lyndall Springer.

Court composed of Jimmie C. Peters, Marc T. Amy, and Elizabeth A. Pickett, Judges.

OPINION

Page 712

[14-1125 La.App. 3 Cir. 1] AMY, Judge.

The plaintiff herein filed lawsuits in both state and federal court. After the federal suit was voluntarily dismissed with prejudice, the defendants filed an exception of res judicata in the state court action. After a hearing, the trial court granted the exception of res judicata and found that the plaintiff's premises liability claims were precluded. This appeal follows. For the following reasons, we affirm, as amended.

Factual and Procedural Background

The plaintiff, Lyndall Springer,[1] filed a petition in the Thirty-Sixth Judicial District Court, Parish of Beauregard against several defendants, including Beauregard Seniors Apartments Partnership, A Louisiana Partnership in Commendam and MAC-RE, L.L.C. In response to Mr. Springer's initial efforts, various defendants filed exceptions of vagueness, which were granted by the trial court.

Mr. Springer filed thereafter his fourth amended petition, naming Beauregard, MAC-RE, and an insurer as defendants. Therein, Mr. Springer alleged that he is a resident of the Nannie O'Neal Senior Apartments, which are owned and managed by Beauregard and MAC-RE, respectively. According to the petition, Mr. Springer tripped over a curb in the apartment parking lot and fell, causing significant injuries. Mr. Springer alleges that he is handicapped and that the apartment ...


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