Penalber v. Blount
Louisiana Court of Appeal
1DissentSavoie, Judge
I respectfully dissent.
The Livingston Parish Police Jury (plaintiff) does not have a cause of action against Sherry Penalber’s attorney, Michael R. Connelly (defendant). For plaintiff to state a cause of action based upon defendant’s negligence, the harm encountered by plaintiff must fall within the protection of a *111legal duty owed to plaintiff by defendant. The allegations in plaintiffs petition show no duty owed by defendant to plaintiff. The majority has determined that defendant did in fact owe a duty to plaintiff and that defendant breached that duty. The majority bases its holding on the…
2Cases cited8 opinions
- Succession of KillingsworthSupreme Court of Louisiana · 1974
- Capital Bank & Trust Co. v. CoreLouisiana Court of Appeal · 1977
- C & v. GRAVEL, INC. v. MacO Const. Corp.Louisiana Court of Appeal · 1985
- Lowe v. Continental Ins. Co.Louisiana Court of Appeal · 1983
- Clause v. ManuelLouisiana Court of Appeal · 1983
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