117 So. 3d 168
La. Ct. App.2013Background
- On April 2, 2008, Helen Christakis slipped on a wet welcome mat outside a model home in Clipper Estates.
- Plaintiffs sued CEMHA and Clipper Construction for damages; CEMHA moved for summary judgment, which was granted in 2012.
- Plaintiffs appealed the grant of summary judgment against CEMHA; the appeal followed denial of a new trial.
- CEMHA argued lack of notice of an unreasonably dangerous condition as the essential element of liability under La.C.C. art. 2317.
- Clipper Construction employee Pittman swore no prior notice of wet conditions at the entrance before the accident.
- Plaintiffs submitted an affidavit from Mrs. Christakis asserting CEMHA’s familiarity with conditions and knowledge that rain creates unsafe conditions, which the court found insufficient to defeat summary judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there a triable issue on notice of a dangerous condition? | Christakis asserts CEMHA knew or should have known of the wet entrance due to rain. | Pittman affidavit shows no prior notice of wet conditions at the entrance. | No genuine issue; summary judgment proper. |
| Was the grant of summary judgment premature before discovery was complete? | The case should have allowed more discovery before ruling. | Trial court has broad discretion; no abuse in granting prior to completion of discovery. | No abuse; prematurity not error. |
Key Cases Cited
- All Crane Rental of Georgia, Inc. v. Vincent, 47 So.3d 1024 (La.App. 1 Cir. 9/10/10) (summary judgment standard; burden on movant when no genuine issue)
- Pugh v. St. Tammany Parish School Board, 994 So.2d 95 (La.App. 1 Cir. 8/21/08) (burden-shifting on summary judgment)
- Cheramie Services, Inc. v. Shell Deepwater Production, Inc., 35 So.3d 1053 (La. 2010) (conclusory affidavits insufficient to defeat SJ)
- Daniels v. USAgencies Cas. Ins. Co., 92 So.3d 1049 (La.App. 1 Cir. 5/3/12) (trial court discretion on discovery and summary judgment)
- Sanders v. Ashland Oil, Inc., 696 So.2d 1031 (La.App. 1 Cir. 6/20/97) (de novo review standard for summary judgments)
- Walker v. Phi Beta Sigma Fraternity (Rho Chapter), 706 So.2d 525 (La.App. 1 Cir. 12/29/97) (materiality determined by substantive law; deference to trial court)