245 So. 3d 1098
La. Ct. App.2017Background
- Deborah Kennedy, a guest at Sam’s Town Hotel, slipped and fell in her hotel-room bathroom on Jan. 17, 2015 after noticing ants in and around the shower; she alleged serious injury and filed suit.
- Kennedy claimed the room was infested with ants, that the condition presented an unreasonable risk, and that Sam’s Town had actual or constructive notice and failed to exercise reasonable care (premises liability and general negligence).
- Sam’s Town moved for summary judgment, submitting: Kennedy’s deposition (she first saw ants while in shower, alerted housekeeping, was moved to another room, and declined ambulance transport); hotel employees’ affidavits/depositions (housekeeping inspects for pests; Terminix had an as-needed contract; Terminix inspected Room 1723 three days earlier and reported no ants).
- Hotel evidence: Terminix report (Jan. 14, 2015) showing no pests in Room 1723; internal staff testimony that no prior ant complaints for Room 1723 existed (one ant report in Room 1722 in Aug. 2013).
- Plaintiff’s contrary evidence was limited to her observations and temporal proximity to a bed‑bug inspection/treatment of nearby rooms (Room 1823 had a bed‑bug report). No evidence showed how ants entered Room 1723 or that treatment for bed bugs would have prevented ants.
- The district court granted summary judgment for Sam’s Town; the appellate court affirmed, finding Kennedy failed to produce evidence to meet her burden under La. C.C. art. 2317.1 or duty‑risk negligence standards.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Sam’s Town had notice (actual or constructive) of ants such that it is liable under premises‑liability (La. C.C. art. 2317.1) | Kennedy: ants were present in her room and staff had constructive/actual notice; hotel failed to maintain safe premises. | Sam’s Town: no reports of ants prior; housekeeping inspections and Terminix inspection three days earlier showed no ants; no evidence hotel knew or should have known. | Held for defendant — plaintiff failed to present evidence that hotel knew or should have known of ants; summary judgment affirmed. |
| Whether Kennedy produced evidence that treatment/inspections were inadequate (breach of duty under duty‑risk negligence analysis) | Kennedy: hotel’s "as‑needed" pest control was inadequate; had room been treated (as nearby room was), ants would not be present. | Sam’s Town: followed policy of inspection and contacting Terminix; no proof treatment would have prevented ants; no evidence of deficient pest‑control practice. | Held for defendant — plaintiff presented no evidentiary support that hotel breached standard of care or that treatment would have prevented the incident. |
| Whether proximity of a bed‑bug report in a neighboring room imposes liability for ants in plaintiff’s room | Kennedy: bed‑bug treatment/inspection of adjacent rooms shows pest problems and put hotel on notice of pest risk generally. | Sam’s Town: bed‑bug concerns are different; Terminix inspected surrounding rooms for bed bugs and reported nothing for ants. | Held for defendant — bed‑bug treatment/inspection did not establish notice of ants or causation. |
| Whether factual disputes precluded summary judgment | Kennedy: breach and causation are fact questions for jury. | Sam’s Town: plaintiff failed to produce factual support for essential elements; mover pointed to absence of evidence on notice/breach/causation. | Held for defendant — no genuine issue of material fact; summary judgment proper. |
Key Cases Cited
- Searile v. Ville Platte Med. Ctr., LLC, 194 So.3d 1205 (La. App. 3 Cir. 2016) (affirming summary judgment where hospital had pest‑control contract and no prior complaints, and plaintiff failed to show notice or negligence)
- Pamplin v. Bossier Parish Community College, 878 So.2d 889 (La. App. 2 Cir. 2004) (elements required to recover for damage caused by a defective thing under La. C.C. art. 2317.1)
- Daigle v. City of Shreveport, 78 So.3d 753 (La. App. 2 Cir. 2011) (outlining duty‑risk negligence elements)
- Garrison v. State Farm Fire & Cas. Co., 217 So.3d 586 (La. App. 2 Cir. 2017) (appellate review standard for summary judgment)
- Argonaut Great Central Ins. Co. v. Hammett, 13 So.3d 1209 (La. App. 2 Cir. 2009) (appellate standards on summary judgment review)