Amy Threeton, Individually and on behalf of her son, Richard L. Threeton, Jr. v. Progressive Security Insurance Company, Parish of Pointe Coupee, The Succession of Chrisstopher J. Soileau, Entergy Louisiana, LLC, and Deville's Lawn Service II LLC

STATE OF LOUISIANA

COURT OF APPEAL., FIRST CIRCUIT

AMY THREETON INDIVIDUALLY AND ON NO. 2023 CW 0465
BEHALF OF HER DECEASED SON RICHARD
L. THREETON, JR.

VERSUS

PROGRESSIVE SECURITY INSURANCE
COMPANY, PARISH OF POINTE COUPES,
THE SUCCESSION OF CHRISTOPHER J. JULY 28, 2023
SOILEAU, ENTERGY LOUISIANA, LLC,

AND DEVILLE' S LAWN SERVICE II LLC

In Re: Entergy Louisiana, LLC, applying for supervisory writs,
18th Judicial District Court, Parish of Pointe Coupee,
No. 50209.

BEFORE: HOLDRIDGE, CHUTZ, AND PENZATO, JJ.

WRIT GRANTED WITH ORDER. We find the trial court erred in
the portion of its May 11, 2023 judgment denying the exception

of no cause of action filed by defendant, Entergy Louisiana,
LLC. There is no authority to support a cause of action for
negligence
Entergy Louisiana,
against LLC, for its failure to
provide lighting,
street because Entergy Louisiana, LLC, is not

required to provide street lighting as part of its general
public utility service," and without a duty there can be no
liability. Burdis v. Lafourche Parish Police Jury, 542 So. 2d
117, 119 ( La. App. 1st Cir. 1989). We further find no basis for
strict
liability under La. Civ. Code art. 2317 because
plaintiff,
Amy Threeton, individually and on behalf of her
deceased son, Richard L. Threeton, Jr., has not alleged any
facts showing a contractual relationship existed between Entergy
Louisiana, LLC and the decedent, her that
son, such Entergy
Louisiana, LLC would have a contractual obligation to provide

street lighting to him. Shafouk Nor El Din Hamza v. Bourgeois, 493 So. 2d 112, 116- 17 ( La. App. 5th Cir.), writ denied, 497
So. 2d 1013 ( La. 1986). We also find no facts in the petition to
support a cause of action in contract because the decedent was

not a party to this contract, nor has plaintiff alleged facts
that would support the finding of a stipulation pour autrui.

Burdis, 542 So. 2d at 118- 19. We therefore reverse the portion

of the trial court' s May 11, 2023 judgment denying the exception
of no cause of action filed by defendant, Entergy Louisiana,
LLC, grant the exception of no cause of action filed by Entergy
Louisiana, LLC, and dismiss
claims plaintiff' s
against Entergy
Louisiana, LLC. This matter is
remanded to the trial court with
instructions to allow the plaintiff, Amy Threeton,
individually
and on behalf of her deceased son, Richard L. Threeton, Jr., the
opportunity to amend her petition to remove the grounds of this
objection, if possible, within a
delay deemed reasonable by the
trial court. See La. Code Civ. P. art. 934.

GH
WRC
AHP
COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT
FOR THE COURT