Bertini v. Britton

LeBLANC, Judge.

Plaintiffs, Mr. and Mrs. Steven M. Bertini, appeal from a summary judgment dismissing their wrongful death claim against defendant, Patrick J. Canulette, in his capacity as Sheriff of St. Tammany Parish. The issue on appeal is whether a constructive seizure of a vacant lot pursuant to a writ of fieri facias gives a sheriff custody of the property seized within the meaning of La.C.C. art. 2317. Concluding that it does not, we affirm.

*1198The present matter arises out of a tragedy which occurred in Covington, Louisiana, on March 15, 1989.1 On that date, the Bertinis’ five-year-old son…