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Reed v. Employers Mutual Casualty Co.

741 So. 2d 1285 (1999)

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Reed v. Employers Mutual Casualty Co.

Louisiana Court of Appeal

741 So. 2d 1285 (1999)

Facts

The San Patricio Bayou Hunting Club (the hunting club) was an unincorporated association that leased an undeveloped, nonresidential tract of land for sport hunting. James (Trey) Gimber (defendant) was the hunting club’s treasurer and signed the lease on behalf of the hunting club. James Reed (plaintiff) was also a member of the club. Reed was hunting on the land when he was injured after falling from a movable tree stand that collapsed under him. Reed sued Gimber and Gimber’s insurer, Employers Mutual Casualty Co. (Employers Mutual) (defendant), alleging that Gimber negligently installed the tree stand. Gimber and Employers Mutual moved for summary judgment, arguing that Gimber was immune under the Louisiana Recreational Use Statute. The trial court granted the motion for summary judgment, and Reed appealed.

Rule of Law

Issue

Holding and Reasoning (Norris, C.J.)

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