111 So. 3d 6
La. Ct. App.2012Background
- Angel ia Biggs, a lessee, sued after a ceiling collapse from hurricane Gustav damage to a Baker, Louisiana apartment.
- Lease contained a broad waiver of landlord liability, with exceptions for direct negligence and certain defects not timely remedied after notice.
- Lessor knew of the leaking roof and damaged sheetrock prior to the accident.
- After Gustav, electricity and supplies were unavailable; the landlord made a preliminary inspection and secured portions of the damaged ceiling late in the timeline.
- Ms. Biggs notified the manager about the leak; a fall of ceiling material occurred on September 4, 2008, injuring her.
- The trial court granted summary judgment for defendants, ruling no reasonable time existed to repair before the accident; appellate reversal sought.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether summary judgment on reasonableness of time to remedy was proper | Biggs argues more thorough inspection and timely securing of the ceiling were warranted. | Defendants contend Gustav conditions left no reasonable time to repair before the accident. | Summary judgment on reasonableness was inappropriate; reversed. |
Key Cases Cited
- Sanders v. Ashland Oil, Inc., 96-1751, 696 So.2d 1031 (La.App. 1 Cir. 1997) (summary judgment standards; de novo review)
- Fernandez v. Hebert, 961 So.2d 404 (La.App. 1 Cir. 2007) (genuine disputes; credibility not weighed on motion)
- Anglin v. Anglin, 938 So.2d 766 (La.App. 1 Cir. 2006) (material facts; summary judgment considerations)
- Bilbo for Basnaw v. Shelter Insurance Company, 698 So.2d 691 (La.App. 1 Cir. 1997) (reasonableness of acts; negligence not usually suited for summary disposition)
- Granda v. State Farm Mutual Insurance Company, 935 So.2d 703 (La.App. 1 Cir. 2006) (subjective determinations; summary judgment generally inappropriate for negligence questions)
- Stroder v. Horowitz, 775 So.2d 1175 (La.App. 2 Cir. 2000) (negligence and factual determinations not suited for summary judgment)
- McGill v. Cochran Sysco Foods, Div. of Sysco Corp., 690 So.2d 952 (La.App. 2 Cir. 1997) (negligence dispositions; summary judgment limitations)
- DeStevens v. Harsco Corp., 652 So.2d 1054 (La.App. 4 Cir. 1995) (disposition of negligence questions; summary judgment constraints)