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Jennings Guest House v. Gibson

Louisiana Court of Appeals
971 So. 2d 506 (2007)

Written by Salina Kennedy, JD

Facts

Jayme Gibson (defendant) worked for Jennings Guest House (Jennings) (plaintiff), a retirement home. Jennings fired Gibson because she stole residents’ medication and physically and verbally abused certain residents. After she was fired, Gibson repeatedly returned to Jennings to harass residents and staff members. Jennings obtained a temporary restraining order (TRO) to prevent Gibson from entering its property. Gibson appealed the trial court’s grant of the TRO, arguing (1) that Jennings had failed to prove that absent the TRO, immediate and irreparable injury would occur, and (2) that Jennings had failed to exhaust all legal remedies before seeking the TRO. Specifically, Gibson argued that Jennings could have had her arrested for trespass, simple assault, or simple battery as an alternative to requesting a TRO.

Rule of Law

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Holding and Reasoning (Thibodeaux, J.)

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