STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT **********
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1 JEREMY CAMPIONE VERSUS ANDREW ALDERMAN, ET AL. STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT APPEAL FROM THE FIFTEENTH JUDICIAL DISTRICT COURT PARISH OF LAFAYETTE, NO HONORABLE EDWARD D. RUBIN, DISTRICT JUDGE ELIZABETH A. PICKETT JUDGE Court composed of Sylvia R. Cooks, Michael G. Sullivan, and Elizabeth A. Pickett, Judges. Glen R. Galbraith Amy Lawler Gonzales Seale & Ross, P.L.C. P. O. Drawer 699 Hammond, LA Counsel for Defendant/Appellee: Red Rocket Fireworks Co., Inc. Joshua M. Palmintier Attorney at Law 618 Main St. Baton Rouge, LA Counsel for Plaintiff/Appellant: Jeremy Campione Andrew Alderman In Proper Person 103 Windrus Lane Lafayatte, LA Defendant/Appellee AFFIRMED.
2 PICKETT, Judge. The plaintiff, Jeremy Campione, appeals a judgment of the trial court granting a motion for summary judgment filed by the defendants, Andrew Alderman and Red Rocket Fireworks, Inc., which sought dismissal of the plaintiff s intentional tort suit. After a de novo review, we affirm the judgment of the trial court. FACTS On December 29, 2003, both the plaintiff, Jeremy Campione, and the defendant, Andrew Alderman, were employed by the defendant, Red Rocket Fireworks, Inc. (Red Rocket), which owned and operated a fireworks stand (in a tent) located on Cameron Street in Scott, Louisiana. The defendant, Andrew Alderman, was already at work when the plaintiff arrived sometime that afternoon to begin his shift. The record reveals some dispute as to what happened as the plaintiff entered the tent. The defendant testified, in deposition, that as the plaintiff entered the tent he began engaging in horse-play or rough-housing with another employee, Jason Walker punching, or at least, feinting punching Jason. In his deposition, the plaintiff first stated that he only high-fived Jason, but then admitted that he was clowning around with Jason and may have acted as though he was going to punch him. However, he denied actually throwing a punch. As to the accident itself, the defendant stated that after the plaintiff greeted Jason, the plaintiff advanced towards him, his hands raised in the same manner as he had done with Jason. The defendant, who had been opening boxes and who had a box cutter in his had, turned to face the plaintiff and threw up his hands to ward off a perceived blow. The plaintiff brought his right hand and arm down toward the defendant and the plaintiff s right wrist came in contact with the box cutter in the 2
3 defendant s hand, cutting the plaintiff s wrist. In their depositions, both the plaintiff and the defendant agreed that the defendant had no intention to cut the plaintiff. LAW AND ARGUMENT The plaintiff asks this court to expand the definition of substantially certain to follow to include the defendant s act in this case. See Bazley v. Tortorich, 397 So.2d 475 (La.1981). In Bazley, the plaintiff argued that the concept intentional act should be equated with voluntary act. He [asked the court to] interpret[] intentional to mean merely that before the actor acted he directed his mind on his own physical movement and not on the consequences of his act. Bazley at 480. In rejecting the plaintiff s argument in Bazley, the court explained: In drawing a line between intentional and unintentional acts we believe the legislative aim was to make use of the well established division between intentional torts and negligence in common law. The lawmakers probably perceived this distinction as entirely consistent with the division in civil law between offenses, which require an intention to injure, and quasi offenses, damages caused without intention to harm. Universally, harmful conduct is considered more reprehensible if intentional. As Holmes said, Even a dog distinguishes between being stumbled over and being kicked. There is a definite tendency to impose greater responsibility upon a defendant whose conduct has been intended to do harm, or morally wrong. Although the theorists have not always agreed, the words act and intent now have generally accepted meanings in the fields of tort and criminal law. The word act is used to denote an external manifestation of the actor s will which produces consequences. There cannot be an act subjecting a person to civil or criminal liability without volition. Therefore, a contraction of a person s muscles which is purely a reaction to some outside force, such as a knee jerk or the blinking of the eyelids in defense against an approaching missile, or the convulsive movements of an epileptic, are not acts of that person. The meaning of intent is that the person who acts either (1) consciously desires the physical result of his act, whatever the likelihood of that result happening from his conduct; or (2) knows that that result is substantially certain to follow from his conduct, whatever his desire may be as to that result. Thus, intent has reference to the consequences of an act rather than to the act itself. 3
4 Our jurisprudence likewise reflects approval of the general notions of act and intent. This Court as early as 1936, approvingly recited the following: It seems clear that, in the absence of language expressing a contrary meaning, an act involves an exercise of the will. It signifies something done voluntarily. Only where the actor entertained a desire to bring about the consequences that followed or where the actor believed that the result was substantially certain to follow has an act been characterized as intentional Intent is not, however, limited to consequences which are desired. If the actor knows that the consequences are certain, or substantially certain, to result from his act, and still goes ahead, he is treated by the law as if he had in fact desired to produce the result. Bazley, 397 So.2d at (citations omitted). Thus, in a situation where a coworker s actions produce injury, in order to recover in tort, a plaintiff must prove his injury resulted from coworker s intentional tortious act, i.e. the actor entertained a desire to bring about the consequences that followed or he knew that the consequences were certain, or substantially certain, to result from his act, and still proceeded. Such was not the case here. What happened here was simply an unfortunate accident. Both the plaintiff and the defendant stated in their respective depositions that the defendant s action was not deliberate. There is simply no evidence that the defendant had any intent, aim, plan, desire, objective or goal to injure the plaintiff. Likewise, there is no evidence that the defendant proceeded knowing the consequences were certain, or substantially certain, to result from his act. The plaintiff approached the defendant and the defendant, believing that the plaintiff was, at least, going to feint a punch in his direction, put up his own hands in a blocking maneuver. It was the plaintiff s own momentum which brought him into contact with the box cutter in the defendant s hand, not a swing or swipe by the defendant. In this case, the pleadings, depositions, answers to interrogatories, and 4
5 admissions on file, together with the affidavits, if any, show that there is no genuine issue as to material fact, and that mover is entitled to judgment as a matter of law. La.Code Civ.P. art. 966(B). Thus, summary judgment was appropriate. Accordingly, for the reasons stated, the judgment of the trial court is affirmed. All costs of this appeal are assessed against the plaintiff/appellant, Jeremy Campione. AFFIRMED. 5
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STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT
STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT 11-1323 JOSIE STOKES WEATHERLY VERSUS FONSECA & ASSOCIATES, LLC, ET AL. ********** APPEAL FROM THE FIFTEENTH JUDICIAL DISTRICT COURT PARISH OF LAFAYETTE,
STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT SUCCESSION OF WILLIAM J. MOSS **********
STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT 07-1246 SUCCESSION OF WILLIAM J. MOSS ********** APPEAL FROM THE FIFTEENTH JUDICIAL DISTRICT COURT PARISH OF LAFAYETTE, NO. 890597 HONORABLE THOMAS R.
STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT **********
STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT RICHARD ROMERO VERSUS 05-498 GREY WOLF DRILLING COMPANY ********** APPEAL FROM THE FIFTEENTH JUDICIAL DISTRICT COURT PARISH OF VERMILION, NO. 76324-G HONORABLE
STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT ************
STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT 05-121 GERALD BORDELON VERSUS FULCRUM INSURANCE COMPANY, ET AL. ************ APPEAL FROM THE FOURTEENTH JUDICIAL DISTRICT COURT, PARISH OF CALCASIEU, NO.
STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT **********
STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT 04-327 VIRGIE DEJEAN VERSUS ADMINISTRATOR, OFFICE OF EMPLOYMENT SECURITY, ET AL. APPEAL FROM THE TWENTY-SEVENTH JUDICIAL DISTRICT COURT PARISH OF ST. LANDRY,
NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT CA **********
NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT CA 13-1298 STEVE M. MARCANTEL VERSUS TRICIA SOILEAU, ET AL. ********** APPEAL FROM THE THIRTEENTH JUDICIAL DISTRICT COURT
STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT ************
STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT 08-441 CURTIS PRICE, ET AL. VERSUS TENNECO OIL COMPANY, ET AL. ************ APPEAL FROM THE FIFTEENTH JUDICIAL DISTRICT COURT PARISH OF VERMILION, NO.
STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT consolidated with D & D DRILLING & EXPLORATION, INC. **********
STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT 15-626 consolidated with 15-631 D & D DRILLING & EXPLORATION, INC. VERSUS XTO ENERGY, INC., ET AL. ********** APPEAL FROM THE SEVENTH JUDICIAL DISTRICT
STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT ************
STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT 08-671 FRIENDSHIP HUNTING CLUB VERSUS GENE LEJEUNE ************ APPEAL FROM THE FIFTEENTH JUDICIAL DISTRICT COURT PARISH OF VERMILION, NO. 87,726 HONORABLE
STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT **********
STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT 13-410 XXI OIL & GAS, LLC VERSUS HILCORP ENERGY COMPANY ********** APPEAL FROM THE FIFTEENTH JUDICIAL DISTRICT COURT PARISH OF LAFAYETTE, NO. 20115292
STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT CW **********
STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT CW 17-566 BOBBY MOSES VERSUS WAL-MART STORES, INC. ********** ON SUPERVISORY WRIT FROM THE TWELFTH JUDICIAL DISTRICT COURT PARISH OF AVOYELLES, NO. 2016-3634B
KENNETH L. TRUXILLO NO CA-0363 VERSUS COURT OF APPEAL
KENNETH L. TRUXILLO VERSUS LOUISIANA STADIUM AND EXPOSITION DISTRICT, ABC INSURANCE COMPANY, SMG, DEF INSURANCE COMPANY, MARDI GRAS PRODUCTIONS, INC., AND XYZ INSURANCE COMPANY * * * * * * * * * * * NO.
STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT RHYN L. DUPLECHAIN, ASSESSOR FOR ST. LANDRY PARISH **********
STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT 13-83 RHYN L. DUPLECHAIN, ASSESSOR FOR ST. LANDRY PARISH VERSUS PBGS, L.L.C., ET AL. APPEAL FROM THE TWENTY-SEVENTH JUDICIAL DISTRICT COURT PARISH OF ST.
STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT BLOCK T OPERATING, LLC, ET AL. **********
STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT 13-58 JOSEPH B. FREEMAN, JR., ET AL. VERSUS BLOCK T OPERATING, LLC, ET AL. ********** APPEAL FROM THE FIFTEENTH JUDICIAL DISTRICT COURT PARISH OF LAFAYETTE,
STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT **********
STTE OF LOUISIN COURT OF PPEL, THIRD CIRCUIT 18-238 FELIX NTHONY DEJEN, IV VERSUS BRDLEY R. BURGET ********** PPEL FROM THE SEVENTH JUDICIL DISTRICT COURT PRISH OF CONCORDI, NO. 49837 HONORBLE ROBERT W.
STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT **********
PAULINE MITCHELL, ET AL. VERSUS STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT 05-832 FATHER ROBERT LIMOGES, ET AL. ********** APPEAL FROM THE FIFTEENTH JUDICIAL DISTRICT COURT PARISH OF LAFAYETTE,
NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT THE CATHOLIC FOUNDATION OF THE DIOCESE OF LAFAYETTE, ET AL.
NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT 18-289 EUGENE J. SONNIER, II VERSUS THE CATHOLIC FOUNDATION OF THE DIOCESE OF LAFAYETTE, ET AL. ********** APPEAL FROM THE
COURT OF APPEAL FIRST CIRCUIT VERSUS. Judgment Rendered September. Appealed from the. In and for the Parish of East Baton Rouge State of Louisiana
STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT NUMBER 2009 CA 0267 LEONARD WILLIAMS INDIVIDUALLY AND ON BEHALF OF THE ESTATE OF VIRGINIA WILLIAMS VERSUS OUR LADY OF THE LAKE HOSPITAL INC DB A OUR LADY
STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT **********
STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT 10-496 MARTIN PETITJEAN II, ET AL. VERSUS SAMSON CONTOUR ENERGY E & P, LLC, ET AL. ********** APPEAL FROM THE FIFTEENTH JUDICIAL DISTRICT COURT PARISH
STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT **********
STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT 13-588 TROY PITRE VERSUS BESSETTE DEVELOPMENT CORPORATION ********** APPEAL FROM THE OFFICE OF WORKERS COMPENSATION, DISTRICT 3 PARISH OF CALCASIEU, NO.
STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT
STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT 05-1127 SHAWANE ALEXANDER VERSUS NICOLE GARY APPEAL FROM THE LAFAYETTE CITY COURT PARISH OF LAFAYETTE, NO. CV03-2647 HONORABLE DOUGLAS J. SALOOM, CITY
STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT **********
WILLA DEAN JACKSON VERSUS HERSHAL R. BARRON STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT 05-975 ********** APPEAL FROM THE PINEVILLE CITY COURT PARISH OF RAPIDES, NO. 4-0603 HONORABLE J. PHILLIP TERRELL,
STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT CA **********
STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT CA 11-936 DEREK PAGE VERSUS H. COOKIE BENSON, ET AL. ********** APPEAL FROM THE FIFTEENTH JUDICIAL DISTRICT COURT PARISH OF LAFAYETTE, NO. C-20094470 HONORABLE
STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT **********
STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT 18-423 JORDAN BRYANT VERSUS STATE OF LOUISIANA, DEPARTMENT OF HEALTH AND HOSPITALS, ET AL. ********** APPEAL FROM THE NINTH JUDICIAL DISTRICT COURT PARISH
On Appeal from the Office of Workers Compensation Administration District 9 Docket No
STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT 2011 CA 1242 KENNETH ABNEY VERSUS GATES UNLIMITED LC Judgment Rendered ry 0 4 On Appeal from the Office of Workers Compensation Administration District
STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT consolidated with **********
STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT 13-1015 consolidated with 13-1016 RONALD BROOKS, ET AL. VERSUS DR. JOHN SCOTT SIBILLE, ET AL. ********** APPEAL FROM THE TWENTY-SEVENTH JUDICIAL DISTRICT
KARLTON KIRKSEY NO CA-1351 VERSUS COURT OF APPEAL THE NEW ORLEANS JAZZ & HERITAGE FOUNDATION, INC. & ABC INSURANCE COMPANY FOURTH CIRCUIT
KARLTON KIRKSEY VERSUS THE NEW ORLEANS JAZZ & HERITAGE FOUNDATION, INC. & ABC INSURANCE COMPANY * * * * * * * * * * * NO. 2012-CA-1351 COURT OF APPEAL FOURTH CIRCUIT STATE OF LOUISIANA APPEAL FROM CIVIL
NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT CA **********
NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT CA 17-824 LYNTON O. HESTER, IV VERSUS BURNS BUILDERS, ET AL. ********** APPEAL FROM THE NINTH JUDICIAL DISTRICT COURT PARISH
STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT
STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT 11-1018 JOHNNIE THOMAS GUNTER AND LORETTA ELIZABETH LACOSTE, AS THE NATURAL TUTRIX OF HER MINOR CHILD, CASEY ELIZABETH LACOSTE VERSUS JEFFERSON DAVIS PARISH
STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT
STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT 06-982 JAMES E. McCRORY VERSUS CAN DO, INC., ET AL. APPEAL FROM THE THIRTY-EIGHTH JUDICIAL DISTRICT COURT PARISH OF CAMERON, NO. 10-16413 HONORABLE H.
STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT **********
STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT 11-187 WILBERT BATES, ET UX. VERSUS E. D. BULLARD COMPANY, ET AL. ********** APPEAL FROM THE THIRTY-FIRST JUDICIAL DISTRICT COURT PARISH OF JEFFERSON DAVIS,
STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT
STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT 08-118 SUCCESSION OF RUBY GREER ********** APPEAL FROM THE THIRTY-THIRD JUDICIAL DISTRICT COURT PARISH OF ALLEN, NO. 06-062 HONORABLE PATRICIA COLE, PRESIDING
STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT CA **********
STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT CA 07-111 ROGER E. PIPER VERSUS SHELTER MUTUAL INS. CO. ********** APPEAL FROM THE NINTH JUDICIAL DISTRICT COURT PARISH OF RAPIDES, NO. 225,314 HONORABLE