Abigail Miller v. Shannon Hayes (Patterson) Shawn Hayes

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

ABIGAIL MILLER NO. 2023 CW 0141

VERSUS

SHANNON HAYES ( PATTERSON) APRIL 24, 2023
SHAWN HAYES

In Re: City of Baton Rouge/ Parish of East Baton Rouge,
applying for supervisory writs, 19th Judicial District
Court, Parish of East Baton Rouge, No. 715,925.

BEFORE: WELCH, PENZATO, AND LANIER, J,J.

WRIT GRANTED WITH ORDER. After+ de nova review, we find
that plaintiff, Abigail Miller, indiv~dually and on behalf of
her two minor children, Ryder Price and Adrian Miller, failed to
I

state a cause of action against the City of Baton Rouge, Parish
of East Baton Rouge ( City Parish). The ' petition fails to contain
factual allegations that the City ' Parish had a duty to
plaintiff, custody or control over the alleged defective sewer,
or that the City Parish knew or sho~ld have known about the
alleged defective sewer system at plaintiff's property, and as
such, Miller has failed to state a c?use of action under La.
Civ. Code art. 2315, La. Civ. Code art. 2317.1 and La. R.S.
9:2800. Accordingly, the December s; I
2022 judgment of the
district court denying the peremptory , exception of no cause of
action filed by the City Parish is reversed, and the exception
of no cause of action is sustained. ', However, this matter is
remanded to the district court with instructions to allow
plaintiff the opportunity to amend her petition to state a cause
of action, if possible, within a delay deemed reasonable by the
district court. La. Code Civ. P. art. 934.

JEW
AHP
WIL

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT
FOR THE COURT