FROM THE NINTH JUDICIAL DISTRICT COURT PARISH OF RAPIDES, NO.
254, 013 HONORABLE PATRICIA KOCH, DISTRICT JUDGE.
Whitehead, Jr. Whitehead Law Offices, Counsel for
Plaintiff/Appellant: Terry Leone
L. Bash, Laura B. Matthews, Faircloth, Melton & Sobel,
LLC, Counsel for Defendant/Appellee: Republic Fire and
Casualty Insurance Company.
composed of Sylvia R. Cooks, Elizabeth A. Pickett, and
Phyllis M. Keaty, Judges.
PHYLLIS M. KEATY JUDGE
Terry Leone, appeals the judgment of the trial court granting
a peremptory exception of no right of action in favor of
Defendant/Appellee, Republic Fire and Casualty Insurance
Company. For the following reasons, the trial court's
judgment is reversed, and the matter is remanded for further
& PROCEDURAL HISTORY
personal injury matter arose after Terry Leone (Terry), a
bail bondsman, sustained injuries on May 20, 2015, in
Woodworth, Louisiana, after he fell out of the back door of a
mobile home owned by Don Ware (Don) and occupied by his son,
Aaron Lee Ware (Aaron). Prior to the incident, Don was a
guarantor on Aaron's criminal surety bond. Don contacted
Terry, the bondsman, and advised that he wanted to withdraw
as guarantor. Thereafter, Terry went to the mobile home to
assist Don in apprehending Aaron to be turned over to the
police. During the subsequent physical altercation which
ensued between the three individuals, Terry fell out of the
mobile home's back door onto the ground and injured his
October 1, 2015, Terry filed a "Petition For Damages,
Medical Expenses, Loss Wages And Personal Injury"
against Don and Aaron. He subsequently filed an amended
petition and named Don's homeowners' insurer,
Republic Fire and Casualty Insurance Company (Republic), as a
co-defendant. Republic answered the petition and amended
petition, asserting therein a motion to strike and dilatory
exception of vagueness and ambiguity. The allegations
contained in the petition, which formed the basis of the
exception, were thereafter stricken, and the dilatory
exception was dismissed pursuant to a consent judgment signed
by the trial court on February 22, 2017. Republic thereafter
filed a peremptory exception of no right of action, alleging
that the insured's actions being intentional were
excluded under Republic's policy and the location of the
alleged events was not a covered location under the policy.
Terry filed an opposition memorandum. Following a hearing on
April 24, 2017, the trial court orally granted the peremptory
exception in favor of Republic, dismissing Terry's claims
against it. A written judgment was signed on May 3, 2017. In
its subsequent written reasons for judgment dated May 23,
2017, the trial court adopted its oral reasons given on April
24, 2017. Terry appealed.
appeal, Terry contends the trial court committed legal error
when it granted Republic's peremptory exception of no
right of action, determining that the allegations contained
in the petition constituted an intentional tort and were
excluded under Republic's policy.
peremptory exception of no right of action poses a question
of law and is reviewed de novo. Washington Mut. Bank v.
Monticello, 07-1018 (La.App. 3 Cir. 2/6/08), 976 So.2d
251, writ denied, 08-530 (La. 4/25/08), 978 So.2d
sole assignment of error, Terry contends the trial court
legally erred when it granted Republic's peremptory
exception of no right of action, finding that the allegations
contained in the petition constituted ...