169 So. 3d 790
La. Ct. App.2015Background
- Plaintiff Angela Lawrence (granddaughter) fell from an A-frame ladder while cleaning her grandmother Dorothy Sanders’ roof and sued Sanders and her insurer, Allstate, for negligence and for defect/custodial liability under La. C.C. arts. 2317/2317.1.
- Lawrence frequently performed the chore (20–24 times), normally used an extension ladder that had been stolen, and agreed to use the A-frame ladder her grandmother offered.
- At deposition, Lawrence testified she inspected the ladder braces before climbing, did not observe defects, never examined the ladder after the fall, and believed the fall was caused by no one holding the ladder or by the ladder being too short.
- The only evidence submitted on summary judgment was Lawrence’s deposition. Defendants moved for summary judgment arguing no duty or proof of a defect.
- Trial court granted summary judgment; plaintiff appealed. The appellate court reviewed de novo and affirmed dismissal of negligence and defect claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Duty to hold/provide safe ladder (negligence) | Sanders was negligent by instructing Lawrence to use the A-frame and failing to hold the ladder or provide an extension ladder | Sanders owed no duty because Lawrence controlled how the task was done, saw and chose the ladder, and hazards were obvious to her | No duty; summary judgment for defendants affirmed |
| Existence of a defect (custodial liability under art. 2317.1) | Ladder was defective/too short and created unreasonable risk | Plaintiff presented no evidence of a defect; deposition showed no observed defects and Allstate personnel found none | No genuine issue of defect; summary judgment for defendants affirmed |
| Burden of proof on summary judgment | Defendants failed to prove ladder lacked defects, so plaintiff need not produce proof | When movant points out absence of factual support for an element, plaintiff must produce evidence to establish she can meet her burden at trial | Court correctly placed burden on plaintiff after defendants highlighted lack of factual support; plaintiff failed to rebut |
| Treatment of inferences and credibility on summary judgment | Court failed to view inferences in plaintiff’s favor | Only plaintiff’s deposition exists; no reasonable favorable inferences or credibility disputes create a genuine issue | No error; court properly found no genuine issue and did not weigh credibility |
Key Cases Cited
- Finch v. HRI Lodging, Inc., 152 So.3d 1039 (La. 2014) (duty-risk analysis and duty as question of law)
- Meany v. Meany, 639 So.2d 229 (La. 1994) (elements of negligence/duty-risk approach)
- Barrow v. Brownell, 938 So.2d 118 (La. Ct. App.) (homeowner owed no duty where worker controlled ladder placement/use)
- Nicholson v. Horseshoe Ent., 58 So.3d 565 (La. Ct. App.) (art. 2317.1 imposes negligence-standard custodial liability)
- Todd v. Angel, 132 So.3d 453 (La. Ct. App.) (defect defined as unreasonable risk to ordinary users)