# Waring v. Travelers Insurance Co.

> Louisiana Court of Appeal · January 12, 2005 · 2004 La.App. 4 Cir. 1123

URL: https://www.frixlaw.com/law-library/cases/7772512

## Case

- **Full name:** Kathleen WARING, individually, and Benjamin Waring, individually and as Administrator of the Estates of the Minor Children, Eleanor Waring and Nina Waring v. TRAVELERS INSURANCE COMPANY, Lawrence Antonini, Mary Antonini, New Orleans City Park Improvement Association, the State of Louisiana, Calvert Insurance Company and City Park Riding Stables, Inc.
- **Court:** Louisiana Court of Appeal
- **Decided:** January 12, 2005
- **Citations:** 2004 La.App. 4 Cir. 1123; 891 So. 2d 119; 2005 La. App. LEXIS 58; 2005 WL 159468
- **Precedential status:** Published
- **Opinion:** Concurring in part by Hlove
- **Judges:** Cannizzaro, Hlove, Love, Tobias
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7772512

## Opinion text

hLOVE, J.,
concurs in part and dissents in part with reasons.
I concur with the majority in finding that the sheriff was not vicariously liable for Mr. Thomas’ acts and/or omissions.
I respectfully dissent from the majority’s finding of no duty. I find the majority’s duty-risk analysis revolves around disputed facts; therefore, genuine issues of material facts exist precluding the granting of summary judgment.
When the trial court heard this matter, the issue before the court was the applicability of the Equine Immunity Statute, the trial court did not conduct a duty-risk analysis. Therefore, the majority’s discussion and analysis on the basis of duty-risk is premature, based on the record before this Court.
As to the Equine Immunity Statute, I find there exists genuine issues of material fact as to its applicability to the State. I would reverse the trial court and allow the matter to proceed to trial.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7772512. Public record. Not legal advice.