Legal Opinion · Dissent

Penalber v. Blount

Louisiana Court of Appeal

Decided April 11, 1989No. 88 CA 0122Published

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

  1. Succession of KillingsworthSupreme Court of Louisiana · 1974
  2. Capital Bank & Trust Co. v. CoreLouisiana Court of Appeal · 1977
  3. C & v. GRAVEL, INC. v. MacO Const. Corp.Louisiana Court of Appeal · 1985
  4. Lowe v. Continental Ins. Co.Louisiana Court of Appeal · 1983
  5. Clause v. ManuelLouisiana Court of Appeal · 1983

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