2007-C-1785 PETERSON M. YOKUM AND POLLY ELIZABETH ANDERSON v. 615 BOURBON STREET, L.L.C. D/B/A THE ROCK, OLD OPERA HOUSE, INC. D/B/A OLD OPERA HOUSE AND WILLIE MINTZ
State: Louisiana
Docket No: 2007-C-1785
Case Date: 01/01/2008
Preview: FOR IMMEDIATE NEWS RELEASE NEWS RELEASE # 15 FROM: CLERK OF SUPREME COURT OF LOUISIANA The Opinions handed down on the 26th day of February, 2008, are as follows:
BY KIMBALL, J.: 2007-C -1785 PETERSON M. YOKUM AND POLLY ELIZABETH ANDERSON v. 615 BOURBON STREET, L.L.C. D/B/A THE ROCK, OLD OPERA HOUSE, INC. D/B/A OLD OPERA HOUSE AND WILLIE MINTZ (Parish of Orleans) Retired Judge Philip C. Ciaccio, assigned as Associate Justice Ad Hoc., sitting for Associate Justice Chet D. Traylor, recused. Accordingly, the decision of the Court of Appeal is reversed and the case is remanded to the trial court for further proceedings. REVERSED AND REMANDED.
2/26/08 SUPREME COURT OF LOUISIANA No. 2007-C-1785 PETERSON M. YOKUM AND POLLY ELIZABETH ANDERSON versus 615 BOURBON STREET, L.L.C. D/B/A THE ROCK, OLD OPERA HOUSE, INC. D/B/A OLD OPERA HOUSE AND WILLIE MINTZ ON WRIT OF CERTIORARI TO THE COURT OF APPEAL FOURTH CIRCUIT, PARISH OF ORLEANS KIMBALL, Justice* We granted certiorari in this matter to review the Court of Appeal's ruling that Defendant in this matter, 615 Bourbon Street, L.L.C., as owner and lessor of the premises upon which its lessee operates the bar "The Rock," is not liable to the plaintiffs for the alleged excessive noise associated with the loud music played by the bar, and is therefore entitled to summary judgment. For the reasons that follow, we find that the Court of Appeal erroneously concluded under the facts of this case that the defendant/owner and lessor of this property cannot be held responsible for the actions of its lessee under Article 667 of the Louisiana Civil Code. Accordingly, the Court of Appeal's decision affirming summary judgment is reversed, and the case is remanded for further proceedings. FACTS AND PROCEDURAL HISTORY Peterson M. Yokum is the owner of and resides at the premises located at 723 Toulouse Street in the French Quarter in New Orleans, Louisiana, with his wife, Polly Elizabeth Anderson. The property located at 723 Toulouse Street is zoned "Vieux Carr
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