Pinegar v. Harris

20 So. 3d 1081 (2009)

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Pinegar v. Harris

Louisiana Court of Appeals
20 So. 3d 1081 (2009)

JL

Facts

Jamie Pinegar Springman (plaintiff) and Bradley Harris (defendant) had a four-year-old daughter, Brooklynn Pinegar. Harris and Brooklynn went to the home of Michael Cascio (defendant), a friend of Harris, to watch a football game. After playing for a time, Brooklynn became hungry. Harris gave her a snack in the dining room and placed her on a dining table chair. The chair was positioned so Brooklyn could watch cartoons on a small television in the room. Also, a turtle was in a glass bowl on top of the television. The glass bowl was about four to five feet from the floor, and Brooklynn could not reach it standing on the floor or sitting in the chair. Harris walked a few steps away to watch the game. From this position, Harris could still see Brooklynn if he turned in her direction. About ten seconds later, Harris heard a crash, turned around, and saw Brooklynn on the floor with the broken turtle bowl. Brooklynn had two cuts on her face and was taken to the emergency room. Springman, on behalf of Brooklyn, sued Harris and Cascio, alleging negligence in failing to supervise Brooklynn. Cascio and his insurer filed a motion for summary judgment, arguing that Cascio had no duty to supervise Brooklynn. The trial court granted the motion, and Springman appealed.

Rule of Law

Issue

Holding and Reasoning (Gaidry, J.)

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