GERALD A. NEWBURGER, JR.
ORKIN, L.L.C., ET AL.
FROM THE NINTH JUDICIAL DISTRICT COURT PARISH OF RAPIDES, NO.
261, 969 HONORABLE GEORGE CLARENCE METOYER, JR., DISTRICT
William Alan Pesnell Alan Pesnell Lawyer LLC COUNSEL FOR:
Plaintiff/Appellant - Gerald A. Newburger, Jr.
Barbara Bell Melton Faircloth Melton, LLC COUNSEL FOR:
Defendant/Appellee - Orkin, L.L.C.
Matthew Nowlin Keiser Law Firm, P.L.C. COUNSEL FOR:
Defendant/Appellee - Cypress Point at Lake District
Condominium Association, Inc.
Christopher J. Roy, Sr. COUNSEL FOR: Plaintiff/Appellant -
Gerald A. Newburger, Jr.
composed of Ulysses Gene Thibodeaux, Chief Judge, Phyllis M.
Keaty, and D. Kent Savoie, Judges.
ULYSSES GENE THIBODEAUX CHIEF JUDGE.
Gerald A. Newburger, Jr., filed a petition for injunctive
relief seeking to enjoin Cypress Point at Lake District
Condominium Association, Inc. (Cypress Point) and Orkin,
L.L.C. (Orkin) from performing pest control operations at or
near Plaintiff's condominium. The matter proceeded to
trial on the permanent injunction against Cypress Point.
After Plaintiff completed the presentation of his evidence,
Cypress Point moved for involuntary dismissal pursuant to
La.Code Civ.P. art. 1672(B). The trial court granted the
motion, finding that Plaintiff failed to establish, by a
preponderance of the medical evidence, that he will suffer
irreparable harm as a result of Cypress Point conducting pest
control operations at or near his condominium. As our review
of the record reveals no manifest error or abuse of
discretion, we affirm the trial court's judgment.
raises the following issues for this court's review:
(1) whether Plaintiff presented evidence of irreparable harm
to his person being caused by Defendant's pest control
operations on motion for involuntary dismissal;
(2) whether Plaintiff presented prima facie evidence that
Defendant's pest control operations caused his physical
problems on motion for involuntary dismissal;
(3) whether the trial court properly dismissed
Plaintiff's case on a motion for involuntary dismissal;
(4) whether the trial court erred in failing to introduce the
statement of Dr. Robert C. Morrison into the record, given
the defense ...