Lavergne v. Thomas

SAVOIE, Judge.

Plaintiffs appeal the trial court’s denial of recovery in a wrongful death action. We affirm.

The facts, which are not in dispute, are as follows. During the late evening of June 18,1982, 53-year old Elbia L. Thomas, defendant, was awakened by the sound of her dog barking and a loud crashing noise coming from her carport. Hearing footsteps coming up the stairs to her kitchen, defendant, who was alone in the house, armed herself with a 32 cal. pistol and went to investigate. Defendant then saw a figure in her darkened kitchen and fired one shot in the general direction of the…