78 So. 3d 849
La. Ct. App.2011Background
- Breaux sues Fresh Start Properties, LLC and State Farm for personal injuries alleged to have occurred while Breaux, an electrician, was working on Fresh Start's property.
- The alleged incident happened July 1, 2007 at 428 9th Street, Gretna, involving attic stairs where the third step allegedly snapped and caused a fall.
- Plaintiff claimed negligence and strict liability based on an unreasonably dangerous attic stair defect.
- Plaintiff moved for partial summary judgment on liability; defendants moved for summary judgment asserting no unreasonable risk, no duty to warn or protect, and lack of knowledge of a defect.
- The trial court denied plaintiff's motion and granted defendants' summary judgment; plaintiff appealed challenging the grant of summary judgment.
- The appellate court affirmed, appellate review applying the standard for summary judgment and analyzing whether the attic stairs posed an unreasonable risk and whether Fresh Start knew or should have known of a defect.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the attic stairs presented an unreasonable risk and Fresh Start knew or should have known | Breaux argues the attic stairs were defective and Fresh Start knew or should have known. | Fresh Start contends there was no unreasonable risk and no knowledge of a defect. | No genuine issue; Fresh Start did not know or should have known of a defect. |
| Whether res ipsa loquitur applies to permit an inference of negligence | Res ipsa loquitur could allow an inference of negligence given the stair defect. | Res ipsa not applicable because plaintiff had direct evidence of the condition and accident. | Not applicable; plaintiff had direct evidence, not circumstantial evidence only. |
| Whether the trial court properly granted summary judgment | Summary judgment on liability should be granted if a defect made the stairs unreasonably dangerous. | There was no genuine issue of material fact; the defect, knowledge, and danger were not proven. | Affirmed summary judgment for defendants. |
Key Cases Cited
- Meaux v. Wendy’s International, Inc., 51 So.3d 778 (La.App. 5 Cir. 2010) (elements for building- and defect-related liability)
- Stiebing v. Romero, 974 So.2d 752 (La.App. 5 Cir. 2007) (duty to warn/correct; not every defect creates liability)
- Millien v. Jackson, 30 So.3d 174 (La.App. 5 Cir. 2009) (dares not impose insurer-like liability for obvious risks)
- Roberson v. Lafayette Oilman’s Sporting Clays Shoot, Inc., 928 So.2d 703 (La.App. 3 Cir. 2006) (inspecting non-apparent defects; prior use without incident)
- S.J. v. Lafayette Parish School Bd., 959 So.2d 884 (La. 5 Cir. 2007) (summary judgment standards; burden shifting)
- Smith v. Our Lady of the Lake Hosp., Inc., 639 So.2d 730 (La. 1994) (genuine issue of material fact; evidentiary considerations)