Collier v. Necaise

Appeal by plaintiffs, Michael Shane Collier and Russell Collier, from summary judgment for the defendant, Chris Necaise, in plaintiffs' action to recover damages for Shane Collier's personal injuries. We affirm.

The facts are not in dispute. Defendant Necaise is the owner of a convenience store near Bayou La Batre. On September 3, 1985, as Hurricane Elena threatened the Gulf Coast, Necaise loaded the stock of his store onto two trucks owned by a friend, plaintiff Russell Collier (Shane's father), and moved with his family to the Collier home to wait out the storm. The following day, the…