Marsalis v. LaSalle
94 So. 2d 120 (1957)
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Rule of Law:
One who voluntarily undertakes to render aid or assistance to an injured person, even if not liable for the initial injury, assumes a legal duty to exercise reasonable care in that undertaking and is liable for harm proximately caused by the failure to do so.
Facts:
- On January 12, 1953, Corlnne Marsalis was bitten or scratched by a cat owned by the minor son of Shelby P. La Salle while she was a customer in La Salle's store.
- The cat had never previously exhibited any vicious tendencies.
- Following the incident, James Marsalis requested that La Salle restrain the cat for a 14-day observation period to determine if it had rabies, and La Salle agreed to do so.
- Four or five days later, the cat escaped from La Salle's premises and its whereabouts became unknown.
- Because the cat could not be observed, Corlnne Marsalis underwent a series of Pasteur treatments (rabies vaccine injections) as a medical precaution.
- Mrs. Marsalis suffered a severe adverse reaction to the vaccine, resulting in illness and other physical ailments.
- The cat returned home after about a month and showed no signs of being rabid.
Procedural Posture:
- Corlnne and James Marsalis (plaintiffs) filed suit against Shelby P. La Salle (defendant) for damages in a Louisiana trial court.
- The trial court entered a judgment in favor of the plaintiffs.
- The defendant, Shelby P. La Salle, appealed the trial court's judgment to the Court of Appeal of Louisiana, Orleans.
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Issue:
Is a person who voluntarily undertakes to render assistance to an injured person, for whose injury he is not liable, legally obligated to exercise reasonable care in that undertaking?
Opinions:
Majority - McBride, Judge
Yes, a person who voluntarily undertakes to render assistance to an injured person is legally obligated to exercise reasonable care in that undertaking. The court held that while La Salle was not liable for the initial cat scratch, as the animal had no known history of viciousness, he became liable for subsequent damages by voluntarily assuming a duty of care. The general legal principle is that there is no duty to aid a person in peril for whom one is not responsible. However, a well-established exception holds that one who gratuitously undertakes to provide assistance assumes a duty to act with reasonable care. By agreeing to confine and observe the cat, La Salle created a duty to himself. Mrs. Marsalis reasonably relied on this promise, forgoing other potential measures to secure the cat for observation. La Salle's failure to take any special precautions to prevent the cat's escape constituted a breach of this assumed duty, and this negligence was the proximate cause of the injuries Mrs. Marsalis suffered from the medically necessary, but ultimately unneeded, Pasteur treatment.
Concurring - Regan, Judge
While concurring in the judgment of liability, Judge Regan disagreed with the majority's decision to reduce the damages awarded by the trial court. In his view, the trial record, particularly the testimony of Dr. Kirgis, a specialist in the relevant medical field, sufficiently supported the original, higher award for the damages Mrs. Marsalis incurred from the adverse effects of the rabies vaccine.
Analysis:
This case serves as a key example of the 'voluntary undertaking' doctrine, which creates a duty of care where one would not otherwise exist. It establishes that a promise to render aid, once relied upon by another, transitions from a mere moral obligation to a legally enforceable duty. The decision emphasizes that liability in tort can arise not just from causing an initial harm, but also from negligently performing a gratuitous promise to mitigate that harm. This precedent impacts future cases by holding individuals accountable for foreseeable harm resulting from their failure to exercise reasonable care after voluntarily inserting themselves into a situation to provide assistance.
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