Boyd v. Cebalo
Boyd v. Cebalo
Opinion of the Court
11 This appeal arises from the trial court’s grant of an exception of no cause of action, dismissing the plaintiffs claims against the Administrators of the Tulane Educational Fund (Tulane) with prejudice. For the reasons that follow we reverse and remand.
As a student of Tulane, Stephanie Boyd resided in a dormitory on campus. Her residence was a two-room suite that was adjoined by a shared bathroom. The defendant Andrew Cébalo was also a Tulane student. Mr. Cébalo was a guest of one of Ms. Boyd’s suitemates. Mr. Cébalo accessed Ms. Boyd’s room through the adjoining bathroom door, which could only be
Subsequently, Ms. Boyd' filed suit against Mr. Cébalo and- Tulane. Ms. Boyd’s original petition alleged that Tulane was negligent in failing to: 1) properly secure the premises; 2) provide a safe housing environment;. and 3) comply with industry standards regarding door locks and other security measures. In response, [ aTulane filed an exception of no cause of action. Shortly thereafter, Ms. Boyd filed an opposition to the exception of no cause of action and an amended and Supplemental petition. In the amended and supplemental petition, Ms. Boyd further alleged that Tulane failed to provide a safe campus and failed to implement measures to protect students in residence halls from foreseeable criminal events. Tulane responded to the amended and supplemental petition with a second exception of no cause of action.
The trial court heard arguments from the parties on the exception of no cause of action and ruled in favor of Tulane. Ms. Boyd’s claims against Tulane were dismissed with prejudice. This appeal followed.
It is well established that an exception of no cause of action raises a question of law and the trial court’s ruling is reviewed de novo on appeal.
l,Jn response to Ms. Boyd’s allegations against Tulane alleging negligence, Tulane maintains that Mr. Cebalo’s actions created an intervening and superseding cause of Ms. Boyd’s injuries; thus relieving Tulane from all potential liability.
To support its position, Tulane relies heavily on the opinion in Hall v. Board of Supervisors Southern University,
Ms. Boyd cites to th’e more recent case of Williams v. State in support of the legal sufficiency of her pétition.
The Williams court looked to the Louisiana Supreme Court’s opinion in Posecai v. Wal-Mart Stores, Inc. for guidance.
The foreseeability and gravity of the harm are to be determined by the facts and circumstances of' the case. The most important factor to’‘be considered is | fithe existence, frequency and similarity of prior incidents-' of crime on the premises, but-the .location, nature and condition of the property should also be taken into account.12 - "
In the instant case, the trial court’s dismissal of Ms. Boyd’s claims against Tulane for failing to state a cause of action, was clearly wrong. As the Williams court recognized, a third-party’s criminal activity does not grant the university absolute immunity from liability. . Additionally, if the facts of a case prove the criminal activity was foreseeable, the university may have a duty to protect or warn students. Taking every allegation in the petition as true, there is a stated cause of action against Tulane in negligence. Of course these allegations must be proven for Ms. Boyd to be successful, but on the face of the petition the allegations are legally sufficient to maintain a cause. of action.
For these reasons, the trial court’s grant of the exception of no cause of action in favor of Tulane is .reversed. The matter is remanded for further proceedings.
REVERSED AND REMANDED
. Winstead v. Kenyon, 15-0470, p. 6 (La.App. 4 Cir. 12/2/15), 182 So.3d 1087, 1091.
. Id.
. Id.
. Id.
. Ms. Boyd’s original and amended petitions make further allegations against Mr. Cébalo, the alleged tortfeasor, for: (1) assault; (2) battery; (3) false imprisonment; (4) negligent infliction of emotional distress; and (5) any and all other acts of negligence and/or imprudence and/or lack of care. However, for the purposes of this opinion we focus on the allegations made against Tulane.
. 405 So.2d 1125 (La.App. 1 Cir. 1981).
. Id at 1126.
. 34,691 (La.App 2 Cir. 5/9/01), 786 So.2d 927.
. Id. at 932.
.Id.
. 99-1222 (La. 11/30/99), 752 So.2d 762.
. Id. at 768.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.