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Cariere v. The Kroger Store

Court of Appeals of Louisiana, Second Circuit

August 14, 2019

ANDREW JOSEPH CARIERE Plaintiff-Appellant
v.
THE KROGER STORE Defendant-Appellee

          Appealed from the First Judicial District Court for the Parish of Caddo, Louisiana Trial Court No. 579, 031 Honorable Ramon Lafitte, Judge

          ANDREW JOSEPH CARIERE Plaintiff-Appellant, In Proper Person

          THOMAS, SOILEAU, JACKSON, Counsel for Defendants- BAKER & COLE, L.L.P. Appellees, The Kroger By: Steven E. Soileau Store and Michael Schmidt

          Before WILLIAMS, PITMAN, and GARRETT, JJ.

          PITMAN, J.

         Plaintiff-Appellant Andrew Joseph Cariere appeals the trial court's granting of exceptions filed by Defendant-Appellee The Kroger Company ("Kroger"). For the following reasons, we affirm.

         FACTS

         This case was previously before this court in Cariere v. The Kroger Store, 50, 637 (La.App. 2 Cir. 11/16/16), 208 So.3d 987. This court provided the following facts of the case and procedural history:

Andrew Cariere entered a Kroger grocery store in Shreveport, Louisiana, on August 22, 2013, and as he exited the store, he was detained by a store employee for allegedly shoplifting. . . . He was turned over to the police and arrested. Cariere was ultimately charged with theft-shoplifting in Shreveport City Court. . . . The record reflects that the charges were ultimately dismissed.
As a result of this incident, Cariere filed suit against Kroger making claims of assault, battery, torture, defamation, false arrest, and false imprisonment. . . . Subsequently, Kroger filed a motion for summary judgment on the grounds that Cariere could not prove the elements of battery, assault, torture, defamation, false arrest, and false imprisonment. . . . Cariere opposed Kroger's motion for summary judgment alleging several disputed material facts, which Kroger maintains contradicted his deposition testimony. A hearing was held on the motion, and Kroger's summary judgment was granted in part, denied in part. The trial court dismissed Cariere's claims of assault, torture, defamation, false arrest, and false imprisonment, but ruled that an issue of material fact existed regarding Cariere's battery claim.

         This court affirmed the judgment of the trial court, finding that there were questions of material fact as to whether Kroger's employee's actions constituted reasonable force. This court found there was no evidence that would indicate Kroger assaulted, tortured, falsely arrested, falsely imprisoned or defamed Cariere and that he failed to carry his burden to prevent the granting of summary judgment.

         On February 22, 2017, a trial was held on Cariere's battery claim. The trial court granted Kroger's motion for involuntary dismissal. On April 6, 2017, the trial court signed a judgment dismissing with prejudice Cariere's claims against Kroger. It stated that Cariere failed to prove by a preponderance of the evidence that unreasonable force was used against him and that he failed to prove damages.

         On April 12, 2017, Cariere filed a motion for new trial. He complained of intentional and conspiratorial actions by employees of the First Judicial District Court, the Shreveport Police Department, and by Kroger and its attorneys that resulted in the loss of his due process rights. A hearing on this motion was held on June 19, 2017, and the trial court denied his motion in open court.[1] On July 10, 2017, the trial court filed a judgment denying the motion for new trial.

         On July 16, 2018, Cariere filed a petition to annul the February 22, 2017 judgment for fraud and ill practices. He alleged willful acts that caused him injury and breaches of good faith and fiduciary duties by officers of the court, public officials and employees of the City of Shreveport, the Shreveport Police Department, Kroger's employees and Kroger's attorneys. He stated that he raised these allegations in a separate lawsuit, i.e., ...


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