![]() ![]() Although Rosales suggests in his brief and deposition that he was protecting his girlfriend by striking Hooper and therefore, the assault upon Hooper was justified, he abandoned any self-defense or defense of others justification at oral argument. 14:35, and he was sentenced by the court. Criminal charges were brought against Rosales and he pled guilty to the simple battery of Hooper, a violation of LSA-R.S. *1031 After striking Hooper, Rosales left the nightclub without his girlfriend to avoid arrest. Rosales used no other method of restraint before striking Hooper. Rosales testified that he struck Hooper in an effort to protect his girlfriend who had recently had a baby and was unable to defend herself. Hooper did not attempt to strike Rosales before he struck her. He then entered the dispute by striking Hooper in the face with his fist. In his deposition, Rosales testified that he saw Hooper bump into his girlfriend and an argument began. The plaintiff, Jennifer Hooper (Hooper), was also a patron of the nightclub at that time. ![]() On May 13, 1996, Rosales and his girlfriend were patrons at a nightclub, known as Kenny's Key West. Rosales appeals this judgment of the trial court. The trial court granted Allstate's motion and dismissed all claims against them, with prejudice. Allstate filed a motion for summary judgment claiming that their policy did not provide coverage to Rosales because the policy excludes coverage for intentional and/or criminal acts. At the time of the incident complained of by the plaintiff, Rosales was insured by Allstate Insurance Company (Allstate) under a homeowner's insurance policy and Allstate was also named as a defendant in the case. Plaintiff, Jennifer Hooper, filed this lawsuit on March 31, 1997, alleging that she was struck in the face by the defendant, Pablo Rosales (Rosales), causing her injury. GULOTTA, Pro Tempore and WALTER ROTHSCHILD, Pro Tempore. Richmond Beevers, Donovan & Lawler, Metairie, LA, for defendant-appellee, State Farm Mutual Automobile Insurance Co., et al.Ĭourt composed of Judges DUFRESNE, JAMES C. Orihuela, Irvin & Orihuela, L.L.C., New Orleans, LA, for defendant-appellant, Pablo Rosales.Ĭhristopher E. 00-CA-1509.Ĭourt of Appeal of Louisiana, Fifth Circuit. Napolitano d/b/a Trauth Insurance Agency, Kenny's Key West, Inc. STATE FARM MUTUAL AUTOMOBILE INSURANCE CO., et al., Pablo Rosales, Susan M. ![]()
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