from the Twenty-Sixth Judicial District Court for the Parish
of Bossier, Louisiana Trial Court No. 149, 335 Honorable
Michael O. Craig, Judge
L. JAMES Pro Se.
BLANCHARD, WALKER, O'QUIN & ROBERTS, APLC By: W.
Michael Adams Jerry Edwards Brian C. Flanagan Counsel for
PITMAN, STONE, and BLEICH (Pro Tempore), JJ.
Terry LaCarl James appeals the judgment of the trial court
which sustained the exception of no cause of action filed by
Defendants Eldorado Casino Shreveport Joint Venture, Eldorado
Shreveport #1, LLC, and Eldorado Shreveport #2, LLC
(collectively, "the Eldorado"), and which dismissed
Plaintiff's suit. For the following reasons, we affirm
the judgment of the trial court.
February 22, 2015, Plaintiff, a resident of Minden,
Louisiana, parked his car in the garage across the street
from the Eldorado hotel in Shreveport and then checked into
the hotel for a two-night stay. He came to Shreveport to seek
refuge from an ice storm which had been predicted for the
area. He gambled in the Eldorado casino the first night and
spent the night in his room. The next morning, he allegedly
went back to the casino to gamble; however, he encountered a
waitress who was rude to him. He lodged a complaint with the
waitress's supervisor and decided to return to his room.
A hotel security officer met him and accused him of
"picking up people's player's cards" and of
lying to the security officer about being in the casino
earlier that day. The security officer gave Plaintiff three
choices: (1) he could leave the casino voluntarily; (2) he
could be forcibly evicted from the property; or (3) he could
be arrested and thrown in jail. Plaintiff chose to leave the
the State Police warned people not to travel on an icy and
dangerous I-20 unless absolutely necessary, Plaintiff left
the Eldorado hotel, drove his car out of the garage and began
traveling on I-20 heading east toward Minden. He lost control
of his car and ran off the Interstate near mile marker 34 in
Bossier Parish and crashed his car into the steel cable
barrier on the left side of the Interstate in the median.
filed suit against the Eldorado, claiming that his accident
on the Interstate and the resulting damages were caused by
the Eldorado employees. His petition alleged that the
Eldorado was liable to him since it intentionally forced him
to leave the property when weather and road conditions were
very dangerous, it failed to exercise reasonable care to
protect him from exposure to the dangerous road conditions,
it intentionally exposed him to those hazardous road
conditions and it intentionally breached its contract with
him, since he checked into the hotel for a two-night stay for
the express purpose of avoiding travel in the winter weather.
Eldorado filed a peremptory exception of no cause of action
and argued that it had no duty to protect Plaintiff from the
harm alleged in the petition. It asserted that it had no duty
to protect a person from any danger he encountered after
leaving the premises of the hotel. Because there was no duty
to protect him from dangerous weather conditions on a state
highway, or to protect him from his own decision to drive
despite the inclement weather, it sought dismissal of
Plaintiff's suit through the exception of no cause of
trial court sustained the exception, dismissing
Plaintiff's suit against the Eldorado. Plaintiff appeals
the decision of the trial court.
argues that the trial court erred in finding the Eldorado had
no duty to him when it caused him to leave the premises in an
ice storm. He asserts that the Eldorado had a duty to provide
him with a safe haven from the ice storm since his main
reason for traveling to Shreveport was to spend the night at
the hotel. He claims that, but for his being told to leave
the hotel, he would not have ventured onto the icy highway
and would not have been ...