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Torts Keyed to Underwood
Bouton v. Allstate Ins. Co.
Citation:
491 So. 2d 56 (La. Ct. App. 1986)Facts
On Halloween, a group of trick-or-treaters rang the plaintiff’s front doorbell and waited on the sidewalk. One of the trick-or-treaters was dressed in military fatigues and was holding a plastic model of a sub-machine gun. When the plaintiff opened the door he was frightened at the sight of the plastic gun. The plaintiff closed the door, collected a magnum pistol, and reopened the door. When the plaintiff opened the door for a second time, he saw a flash of light, which the plaintiff argued was caused by one of the trick-or-treater’s photographic flash. The plaintiff then discharged the pistol, killing the trick-or-treater dressed in military fatigues.
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