Bouton v. Allstate Insurance Company

491 So. 2d 56 (1986)

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Nature of the Case

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Facts

Jeffrey Scott Trammel, aged 15, Robert Martin Landry, Jr., aged 13, and Daniel Breaux, aged 13, went trick-or-treating. Trammel and Breaux rang P's front doorbell while Landry waited at the sidewalk. P opened the door and saw Breaux dressed in military fatigues holding a plastic model submachine gun. P shut the door immediately and locked it, then armed himself with a .357 magnum pistol. He returned to the door, opened it, and saw a flash of light, caused by Trammel's triggering a photographic flash. P's pistol then discharged, the bullet striking and killing Breaux. P was tried for second-degree murder and acquitted. P then sued D, the insurer of Landry and Breaux, and Independent Fire Insurance Company (Independent), the insurer of Trammel. P alleged that the boys' actions were tortious and caused him to be indicted and tried for second-degree murder, paying substantial attorney fees, losing his job, and suffering unfavorable publicity. Ds moved for summary judgment, which was granted and P appealed.