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Torts keyed to Best
Slayton v. McDonald
Citation:
690 So.2d 914 (La. Ct. App. 1997)Facts
James Slayton and Daniel McDonald lived close to one another and rode the same bus home from their schools. On the way home, the two had a disagreement. During the disagreement, Slayton threatened to come to McDonald’s house. Slayton had a reputation for fighting and was larger than McDonald, so McDonald told him not to come. After McDonald arrived at his house, he went outside and saw Slayton walking towards the house. McDonald told Slayton to stay away from the home, which Slayton ignored.
In response to Slayton’s aggressive statements and refusal to leave his driveway, McDonald went into his home and retrieved a shotgun. McDonald once again asked Slayton to leave and Slayton refused. At this point, McDonald retreated into his home and called 911. While McDonald was on the call, Slayton entered McDonald’s home. McDonald pointed the gun at Slayton and once again asked him to leave, in response to which Slayton threatened to fight McDonald. At one point, McDonald stated that he would count to three and then shoot Slayton, to which Slayton began counting himself. At this point, McDonald shot Slayton in the leg. Slayton was severely injured and his family incurred significant expenses relating to the injury. The Slayton family brought suit against the McDonalds for battery.
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Topic Resources
22m 47sTopic Outline 