Meaux v. Wendy's International, Inc.
51 So. 3d 778
La. Ct. App.2010Background
- Hurricane Katrina damaged Wendy's restaurant fascia in 2005; JAFC undertook fascia repair and debris removal under Wendy's contract; Mark Ross testified JAFC controlled the work and Wendy's had no on-site involvement; Meaux, a subcontractor debris remover, was injured when roof and fascia collapsed; Meaux sued Wendy's (negligence and strict liability) and damages; trial court granted Wendy's summary judgment dismissing claims; appellate reversal with remand.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Wendy's owed duty under negligence law (Art. 2315). | Meaux asserts Wendy's duty to inspect/ Control caused liability. | Wendy's argues no control or inherently dangerous work; independent contractor liability applies. | Genuine issue of material fact on duty remains. |
| Whether strict liability under Arts. 2317.1 and 2322 attaches. | Meaux contends Wendy's knew or should have known of defects; constructive/actual knowledge. | Wendy's had no knowledge and cannot be liable. | Issue of knowledge and defect unreasonable risk material; cannot grant summary judgment. |
| Whether the repairman exemption applies to bar recovery. | Repairman status affects unreasonable risk analysis. | Celestine rejects a per se repairman exemption; depends on risk. | No per se exemption; issue remains whether risk was unreasonable. |
Key Cases Cited
- Villaronga v. Gelpi Partnership Number 3, 536 So.2d 1307 (La.App. 5 Cir. 1988) (owner control prerequisite for 2315 liability; inspection not enough)
- Dauzat v. Thompson Const. Co., Inc., 839 So.2d 319 (La.App. 5 Cir. 2003) (approval/inspection of plans insufficient to impose liability; control over methods required)
- Celestine v. Union Oil Co. of California, 652 So.2d 1299 (La. 1995) (no repairman exception to strict liability; exemption only as factor in unreasonableness)
- Desormeaux v. Audubon Ins. Co., 611 So.2d 818 (La.App. 3 Cir. 1992) (repairman not categorically exempt; depends on area risk)
- Monson v. Travelers Property & Cas. Ins. Co., 955 So.2d 758 (La.App. 5 Cir. 2007) (strict liability considerations for building defects; knowledge/duty elements)
- Dufrene v. Gautreau Family, LLC, 980 So.2d 68 (La.App. 5 Cir. 2008) (constructive notice in strict liability contexts)
- Moody v. Blanchard Place Apartments, 793 So.2d 281 (La.App. 2 Cir. 2001) (constructive notice and inspection standards for defects)
- Johnson v. City of Winnfield, 862 So.2d 433 (La.App. 2 Cir. 2003) (evidence of notice; discovery of defects over time)
- Charan v. Bowman, 965 So.2d 466 (La.App. 1 Cir. 2007) (constructive notice principles in defect cases)
- Dronette v. Shelter Ins. Co., 998 So.2d 942 (La.App. 3 Cir. 2008) (application of constructive notice in strict liability)