D'Angelo v. Guarino
88 So. 3d 683
La. Ct. App.2012Background
- Plaintiff Brandy D’Angelo fell exiting the Guarino residence and injured her right ankle.
- Plaintiffs alleged the step height exceeded codal requirements, making a dangerous condition.
- Defendants—Guarinos, TTI, NAS—moved for summary judgment, which trial court granted.
- Appeal record initially lacked motions, memoranda, exhibits, and replies; remanded for supplementation.
- After supplementation, the appellate court found no genuine issue of material fact on causation; summary judgments affirmed.
- Dissent argues causation should be left to a trier of fact; stares that evidence supports trial on causation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the step height caused the injuries as a matter of law | D’Angelo argues two-inch deviation caused injury | Guarinos/TTI contends no evidence of causation | No genuine issue; causation not proven; affirmed |
| Whether Housley presumption applied to causation here | Housley presumption supports causation | No dispute of injury; presumption not applicable | Not applicable; not sufficient to defeat summary judgment |
| Whether evidence established a design defect and unreasonable risk under strict liability | Evidence shows code deviation and danger | No proof the deviation caused injury | Evidence insufficient for causation; summary judgments affirmed |
| Standard for evaluating summary judgments in this context | Procedural record omissions should not bar review | Properly granted due to lack of causation evidence | De novo review; judgments affirmed |
| Whether the trial court erred in granting partial contractor immunity relevant to NAS | Immunity should not bar claims | Contractor immunity supported dismissal | Summary judgments upheld; no material fact on causation |
Key Cases Cited
- Dabog v. Deris, 625 So.2d 492 (La.1993) (Housley-like causal connection standard; presumption language cited)
- Housley v. Cerise, 579 So.2d 973 (La.1991) (Presumption of injury from accident; rebuttable by other causes)
- Juneau v. Strawmyer, 647 So.2d 1294 (La.App.4th Cir.1994) (Three-part causation framework for presumption analysis)
- Williams v. Stewart, 46 So.3d 272 (La.App.4th Cir.2010) (Causation standard for injuries after fall)
- Babin v. Winn-Dixie Louisiana, Inc., 764 So.2d 37 (La.2000) (Summary judgment burden and proof shift on causation)
- Hardy v. Bowie, 744 So.2d 606 (La.1999) (Proof burden on movant at summary judgment)
- Hayes v. Autin, 685 So.2d 691 (La.App.3d Cir.1996) (Standard for summary judgment proof in Louisiana)