111 So. 3d 86
La. Ct. App.2012Background
- Pumphreys purchased a new home in 1998 from defendants Harris, RAH Associates, Notre Maison.
- In 2008 the Pumphreys sued under the 1997 NHWA for cracks in the foundation slab and tile.
- Experts disagreed: Gurtler found a through-depth crack affecting load-bearing function; Tisdale found no structural failure.
- Builders moved for summary judgment arguing NHWA claims prescribed and no major structural defect.
- Trial court granted summary judgment in 2011; appeal ensued alleging misdefinition of unlivable and improper credibility weighing.
- Court reverses and remands to allow a fact-driven NHWA analysis under de novo standard.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is there a genuine issue of material fact about a major structural defect? | Pumphrey: cracked slab constitutes major structural defect. | Harris: crack results from differential settlement, not a structural defect. | Yes, issue exists; material fact not resolved. |
| Did the trial court improperly weigh credibility on summary judgment? | Gurtler's credibility supports defect; conflicting experts unresolved. | Trial judge weighs testimony to decide facts. | Yes, credibility weighing improper; de novo review required. |
| Does NHWA 1997 control (timing) in this case? | 1997 NHWA governs warranties for homeowners. | Later amendments excluded; 1997 version controls. | Yes, 1997 NHWA applies. |
| Did the court correctly apply statutory definition of major structural defect? | Physical damage to foundation with unsanitary/unsafe condition. | Damage alone not enough; need livable condition compromise. | Issue for trial; not resolved at summary judgment. |
Key Cases Cited
- Smith v. Our Lady of the Lake Hosp., Inc., 639 So.2d 730 (La. 1994) (materiality and summary judgment standard guidance)
- Guardia v. Lakeview Regional Medical Center, 13 So.3d 625 (La.App. 1st Cir. 2009) (de novo review; cannot weigh credibility on SJ)
- Weeks v. Sunstream, Inc., 30 So.3d 1163 (La.App. 3d Cir. 2010) (affirming deference to affiants’ credibility in SJ context)
- Bynog v. M.R.L., L.L.C., 903 So.2d 1197 (La.App. 3d Cir. 2005) (major structural defect requires actual physical damage to load-bearing parts)