History
  • No items yet
midpage
Jung v. Tulane University
300 So. 2d 542
La. Ct. App.
1974
Check Treatment
REDMANN, Judge.

* Does a petition’s allegation that plaintiff wife “was violently knocked down by two unknown juveniles running through” a crowd affirmatively show that plaintiff wife and husband have no cause of action against anyone other than the juveniles?

Plaintiffs appeal from the dismissal, on exception of no cause of action, of their demand against the New Orleans Saints. Plaintiffs’ petition alleged the Saints played a professional football game at a stadium the Saints rented and (presumably) controlled. Some automobiles were allowed to park inside the stadium fences, blocking certain exits, restricting egress and causing the crowd to become unruly.

A jury might, depending on all the circumstances, reasonably conclude that the Saints’ allowing parking to block exits was so substantial a factor in the causative chain leading to plaintiff’s injuries as to make the Saints liable. That the chronologically last (and efficacious) cause of the injuries was juveniles’ running through the crowd does not necessarily defeat plaintiffs’ claim.

The petition may be vague. But it does state a cause of action. The exception should have been overruled.

Reversed.

Case Details

Case Name: Jung v. Tulane University
Court Name: Louisiana Court of Appeal
Date Published: Sep 10, 1974
Citation: 300 So. 2d 542
Docket Number: No. 6325
Court Abbreviation: La. Ct. App.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.