Full Opinion

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT DENISHA COLEMAN NO. 2026 CW 0664 VERSUS TYLER JUDSON, WAFFLE HOUSE, INCORPORATED D/B/A WAFFLE HOUSE, AND ABC INSURANCE OCTOBER 22, 2026 COMPANY In Re: Waffle House Incorporated, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 707916. BEFORE : THERIOT, GREENE, AND EDWARDS, JJ. WRIT GRANTED. We find defendant, Waffle House, Incorporated d/b/a Waffle House, is entitled to summary judgment. The duty-risk analysis is used to determine a business establishment’s liability to a patron for the criminal acts of a third party. Panyanouvong v. T & H Convenience Store, Inc., 97-2727 (La. App. lst Cir. 12/28/98), 734 So.2d 9, 12, writ denied, 99-1839 (La. 10/15/99), 748 So.2d 1148. Although business owners generally have no duty to protect others from the criminal acts of third persons on their premises, they do have a duty to implement reasonable measures to protect their patrons from criminal acts when those acts are foreseeable. Posecai v. Wal-Mart Stores, Inec., 99-1222 (La. 11/30/99), 752 So.2d 762, 766. We find the particular risk encountered by plaintiff, Denisha Coleman, was not sufficiently foreseeable or easily associated with Waffle House’s duty to maintain reasonably safe premises and, therefore, fell outside the scope of that duty. Accordingly, the trial court’s May 12, 2026 judgment is reversed, summary judgment is rendered in favor of Waffle House, Incorporated d/b/a Waffle House, and plaintiff, Denisha Coleman’s, claims against this defendant are dismissed. MRT HG BDE COURT OF APPEAL, FIRST CIRCUIT DEPUTY CLERK OF COURT FOR THE COURT