Appealed from the Fourth Judicial District Court for the
Parish of Ouachita, Louisiana Trial Court No. 20161261
Honorable Wilson Rambo, Judge.
& NWOKORIE BY: BRIAN G. SMITH COUNSEL FOR APPELLANTS,
PRINCETON S. VALLO, INDIVIDUALLY, AND O/B/O PRINCE ISAIAH
HOLLEY, (MINOR, DECEASED)
GARLAND SMITH & ASSOCIATES BY: JAMES GARLAND SMITH SARAH
MARIE SMITH COUNSEL FOR APPELLEES, ALBERT MYLES AND JALYNN
FAITH MYLES (MINOR)
& NWOKORIE BY: ANSELM NNAEMEKA NWOKORIE COUNSEL FOR
APPELLEES, SAMUEL OWOJORI, JEREMIAH OLADIMEJI OWOJORI
(DECEASED) AND EZEKIAL OWOJORI (DECEASED)
MUSGRAVE, MCLACHLAN & PENN, LLC. BY: RICHARD TODD
MUSGRAVE AMANDA HULING AUCOIN COUNSEL FOR APPELLEES, GARY M.
HOWELL AND GMH HOUSING, LLC.
PITMAN, STEPHENS, and McCALLUM, JJ.
Vallo appeals a judgment sustaining the exception of no right
of action and dismissing his lawsuit related to the death of
his minor son, Prince Isaiah Halley. The premise for the
exception was that Mr. Vallo, who was incarcerated during
Prince's entire life, did not care for or support him
and, accordingly, had abandoned his son as contemplated by
La. C.C. arts. 2315.1(E) and 2315.2(E).
the issue differently, Mr. Vallo, with complete disregard of
the future consequences, refused to circumscribe his own
desires and entered into an act of procreation while facing a
lengthy hard labor sentence. He does not believe that this
behavior constitutes abandonment of the child who was born as
a result. This court disagrees with his evaluation of the
matter and we affirm the judgment of the trial court.
Wilkins Owojori and her husband, Jeremiah Owojori, had one
child together, Ezekiel Owojori, who was a minor. Mrs.
Owojori had two minor children, Jalynn Faith Myles and Prince
Isaiah Halley, from prior relationships. Albert Myles is the
father of Jalynn.
Jeremiah, Ezekiel, and Prince lived in an apartment in
Ouachita Parish owned by GMH Housing, LLC. On the night of
January 24, 2016, a fire caused by faulty wiring occurred at
the apartment. Tragically, all four apartment occupants later
died from severe injuries as a result of smoke inhalation.
April 20, 2016, Albert Myles, who had custody of Jalynn,
filed a wrongful death suit on her behalf against XYZ
Insurance Company and Gary Howell, who was GMH's agent.
Mr. Myles, who asserted that Jalynn was her mother's only
living descendant, later amended his petition to add GMH
Housing as a defendant.
November 22, 2016, Mr. Vallo, individually and on behalf of
Prince, filed suit under a separate suit number against GMH,
Howell, and XYZ Insurance. This petition was amended on
February 22, 2017, to add Samuel Owojori, Jeremiah's
father, as a plaintiff to recover damages for the ...