Miceli v. Riso
Louisiana Court of Appeal
839 So. 2d 141 (2003)
- Written by Robert Cane, JD
Facts
Kim Miceli (plaintiff) placed $200,000 cash in a bag inside a safe that belonged to his mother and stepfather, Barbara and Salvadore Riso (defendants). The Risos did not refuse the placement of the money in their safe, but they did not offer that they would protect the money either. The Risos, their daughter, and their housekeeper all knew the combination to the safe. The Risos never touched the bag of money except once when Miceli asked Barbara to look inside the bag. Eventually, the money disappeared from the safe. Subsequently, Barbara made conflicting statements about the money, and her actions raised some suspicion. Miceli sued the Risos for recovery of the money. The trial court found that Barbara played some role in the loss of the money. However, Miceli failed to meet his burden of proof with respect to showing that his mother had stolen the money. Miceli also pursued recovery under a bailment theory, arguing that the Risos had breached their duty of care as the bailees. The trial court rejected the establishment of a bailment. Miceli appealed.
Rule of Law
Issue
Holding and Reasoning (Chehardy, J.)
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