Slayton v. McDonald

690 So. 2d 914 (1997)

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Slayton v. McDonald

Louisiana Court of Appeals
690 So. 2d 914 (1997)

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Facts

Slayton (plaintiff) and McDonald (defendant), both minor boys, got into an argument while riding the school bus to their respective homes. Slayton, the larger of the two boys, threatened to go to McDonald’s house to fight McDonald. McDonald told Slayton not to come to his home. Later that afternoon, McDonald saw Slayton walking up his driveway. McDonald yelled for Slayton to go home, but Slayton continued to the house. McDonald went into his house, retrieved a shotgun, went back outside, and began loading the weapon within view of Slayton. Slayton still refused to leave the premises. McDonald then retreated into his home and called 911 for help. As McDonald talked to the 911 operator, Slayton entered the house. A frightened McDonald demanded that Slayton leave six times. In response, Slayton dared McDonald to shoot him. Slayton continued walking into the home. Around that time, Slayton’s sister arrived at McDonald’s house. While still speaking to the 911 operator, McDonald shot Slayton one time in the knee. Slayton’s parents incurred over $43,000 in medical bills. Slayton, by and through his parents, filed suit against McDonald and McDonald’s parents for battery, seeking recovery of damages and medical expenses. The trial court held for McDonald. Slayton appealed.

Rule of Law

Issue

Holding and Reasoning (Williams, J.)

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