185 So. 3d 183
La. Ct. App.2016Background
- Millet Motel and its insurer, United Fire & Insurance Co., were sued by Javonna Rayfield for injuries from Hurricane Isaac while she resided at the Millet Motel with her boyfriend and two children.
- Rayfield awoke to a loud bang as Isaac battered LaPlace; a ceiling and wall collapsed near Room 113, sending her to the hospital.
- Millet discovered damage to a locked fire door and a collapsing attic wall, with debris falling onto Room 113.
- Rayfield alleged defective premises and negligence, claiming Millet knew or should have known of defects; Millet asserted force majeure/Act of God and other defenses.
- Both sides moved for summary judgment; the trial court granted Millet's motion and denied Rayfield's partial motion.
- Rayfield appeals, arguing premises liability, res ipsa loquitur, and evacuation-negligence theories.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Premises defect vs. force majeure | Rayfield asserts a defective door caused injuries; res ipsa supports liability. | Isaac was a force majeure event; damages flow from force majeure, absolving Millet of liability. | No genuine issue; force majeure defense defeats liability. |
| Res ipsa loquitur applicability | Res ipsa should apply to establish negligent control of the premises. | Res ipsa is inapplicable; weather caused injuries, not defendant's fault. | Res ipsa loquitur not applicable. |
| Evacuation duty and respondeat liability | Hotel personnel failed to evacuate or warn guests, creating liability. | No mandatory evacuation order; owner owes only reasonable care; no duty to force evacuation. | No breach; defendant not liable for evacuation actions. |
Key Cases Cited
- Dollar Thrifty Auto Group, Inc. v. Bohn-DC, L.L.C., 23 So.3d 301 (La.App. 5 Cir. 2008) (Force majeure can be an 'Act of God' defense when appropriate)
- Saden v. Kirby, 660 So.2d 423 (La. 1995) (Act of God concepts and negligence interplay)
- Caldwell v. Let the Good Times Roll Festival, 717 So.2d 1263 (La.App. 2 Cir. 1998) (No warning may not cause injurious fact; force majeure context)
- National Auto. Ins. Co. v. Champ’s New Orleans Collision Center, L.L.C., 954 So.2d 197 (La.App. 4 Cir. 2007) (Force majeure and causation considerations in negligence)
- Temes v. Manitowoc Corp., 181 So.3d 733 (La.App. 5 Cir. 2014) (Res ipsa loquitur framework and circumstantial evidence limits)
- Duncan v. U.S.A.A. Ins. Co., 950 So.2d 544 (La. 2006) (Summary judgment standard and burden on movant)
- Welch v. Illinois Nat’l Ins. Co., 725 So.2d 546 (La.App. 5 Cir. 1998) (Plaintiff must present evidentiary support to survive summary judgment)