Cody Hamilton and Devin Lewis Hamilton v. Safeguard Capital Fund, L.P., Safeguard Self Storage, Inc., Safeguard Development Group, LLC, Safeguard Development I, LLC, Safeguard Equity Group, LLC, Safeguard Storage Properties, LLC, and Safeguard Operations, LLC, ABC Insurance Company, and XYZ Insur ( 2023 )

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
CODY HAMILTON AND DEVIN NO. 2023 CW 0814
LEWIS HAMILTON
VERSUS
SAFEGUARD CAPITAL FUND,
L.P., SAFEGUARD SELF
STORAGE, INC., SAFEGUARD
DEVELOPMENT GROUP, LLC,
SAFEGUARD DEVELOPMENT I,
LLC, SAFEGUARD EQUITY GROUP,
LLC, SAFEGUARD STORAGE
PROPERTIES, LLC, AND
SAFEGUARD OPERATIONS, LLC, OCTOBER 10, 2023
ABC INSURANCE COMPANY, AND
XYZ INSURANCE COMPANY
In Re: Cody Hamilton and Devin Lewis Hamilton, applying for
supervisory writs, 19th Judicial District Court,
Parish of East Baton Rouge, No. 681837.
BEFORE: McCLENDON, HESTER, AND MILLER, JJ.
WRIT GRANTED. The trial court's July 17, 2023 judgment,
which granted the Motion for Partial Summary Judgment filed by
defendants, the State of Louisiana, through the Department of
Public Safety and Corrections and the Office of the State Fire
Marshal ( " the State") , is reversed. This court has interpreted
La. R.S. 13:5106(B) to provide one $ 500,000.00 cap on personal
injury damages ( including survival actions for those personal
injury damages) and one $ 500,000.00 cap for wrongful death
damages. Dakmak v. Baton Rouge City Police Department, 2012-
1468 ( La. App. 1st Cir. 9/4/14), 153 So.3d 498, 508-09. The
State is not entitled to the relief sought as a matter of law.
See La. Code Civ. P. art. 966(A) ( 3). Accordingly, the Motion
for Partial Summary Judgment filed by the State is denied.
PMc
CHH
SMM
COURT OF APPEAL, FIRST CIRCUIT
t\.S,O
DEPUTY CLERK OF COURT
FOR THE COURT