Montgomery v. Garry Lewis Props., 256 So. 3d 391

Plaintiff Dewayne Montgomery sued landlord Garry Lewis alleging mold and rat feces in a leased apartment caused respiratory and skin injuries; claims included negligence, breach of contract, breach of implied warranty of habitability, and negligent infliction of emotional distress.
Montgomery stayed one night in the apartment (March 4, 2016) and complained of mold; landlord’s agent inspected March 7 and reported finding no mold.
Montgomery submitted medical records showing diagnoses of acute upper respiratory infection, mild intermittent asthma, dermatitis, and ringworm, but no medical opinions linking those conditions to mold exposure.
Montgomery submitted a mold inspector’s affidavit and lab testing showing Aspergillus/Penicillium and Cladosporium in samples, but the inspector was not a medical expert and did not tie exposure/dose to plaintiff’s symptoms.
Landlord produced affidavits denying knowledge of mold or unresolved rat problems; the lease contained a clause shifting responsibility to lessee and Louisiana R.S. 9:3221 limits lessor liability when lessee assumes responsibility unless owner knew or should have known.
Trial court granted landlord’s summary judgment (September 21, 2017); Montgomery appealed arguing genuine issues of material fact and premature judgment before completion of discovery.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Causation for mold-related injury (strict liability under La. C.C. art. 2696)	Montgomery: medical records and mold lab report are sufficient to raise triable issue on causation	Lewis: plaintiff lacks medical evidence establishing exposure, dose (general causation), and specific causation linking mold to his injuries	Court: Held for defendant — evidence did not create genuine issue on causation; medical records contain no opinion tying symptoms to mold and inspector is not a medical expert
Lessors’ statutory/contractual defense (lease assumption clause and La. R.S. 9:3221)	Montgomery: lease waiver and statute inapplicable because mold defects seriously affect health	Lewis: lease shifts responsibility; under 9:3221 owner not liable absent knowledge or notice and failure to remedy	Court: Held for defendant — landlord submitted affidavits denying knowledge; plaintiff did not show facts creating a material dispute about landlord's knowledge
Adequacy/timing of discovery before summary judgment	Montgomery: summary judgment premature before discovery completed	Lewis: adequate opportunity for discovery; plaintiff did not request continuance or show probable injustice	Court: Held for defendant — plaintiff failed to seek continuance or show prejudice; summary judgment appropriate despite ongoing discovery

Bice v. Home Depot U.S.A., Inc., 210 So.3d 315 (La. App. 1st Cir. 2016) (standard of appellate de novo review of summary judgment)
Watters v. Department of Social Services, 15 So.3d 1128 (La. App. 4th Cir. 2009) (elements and multi-level causation analysis for mold exposure claims)
Stone v. Lakes of Chateau North, L.L.C., 208 So.3d 1053 (La. App. 5th Cir. 2016) (elements of lessor strict liability under La. C.C. art. 2696)
Harper v. Grand Casino Coushatta, 940 So.2d 911 (La. App. 3d Cir. 2006) (presence of mold alone insufficient where medical evidence inconsistent with mold causation)
Stuckey v. Riverstone Residential SC, LP, 21 So.3d 970 (La. App. 1st Cir. 2009) (inspector affidavit insufficient where it failed to tie mold to prior leaks or to causal health effects)
Diversified Marine Services, Inc. v. Jewel Marine, Inc., 222 So.3d 1008 (La. App. 1st Cir. 2017) (summary judgment may be affirmed where party fails to seek continuance or show need for further discovery)
Biggs v. Cancienne, 111 So.3d 6 (La. App. 1st Cir. 2012) (materiality determined by applicable substantive law)
Wells v. Norris, 71 So.3d 1165 (La. App. 2d Cir. 2011) (lessor liability under art. 2696 is based on status, not knowledge)