Tobey v. State

ALFORD, Judge.

This is an appeal from a judgment maintaining a peremptory exception of no cause of action in favor of defendants-appellees, Pascal Painter and Harry Walz, d/b/a Cherokee Beach Campground. Plaintiffs-appellants, Lloyd and Cynthia Tobey, filed suit for damages against a host of defendants for damages resulting from a tubing accident on the Tangipahoa River which left Mr. Tobey paralyzed. Appellants’ demands for damages were grounded upon the alleged negligence and strict liability of defendants.

In Leenerts Farms, Inc. v. Rogers, 421 So.2d 216, 217 (La.1982), the Louisiana Supreme…