Todd v. Angel
132 So. 3d 453
La. Ct. App.2014Background
- Todds attended a Parade of Homes in Oak Alley, viewing a home built by Angel/Angel Builders, Inc.
- They descended into a garage/stairwell area where the bonus room above the garage was unfinished (no drywall or floor covering).
- Mrs. Todd fell at the threshold between the stairs and the garage floor, injuring her feet and ankles.
- Plaintiffs sued Angel, Angel Builders, Inc., and General Fidelity, along with HBA and its insurer, alleging unfinished threshold and lack of warning as causes.
- Trial court granted Angel’s motion for summary judgment; on appeal, the court reversed as to HBA and remanded, but this opinion affirms the trial court’s judgment for Angel.
- Evidence included Todd affidavits and photos; Angel testified the threshold was secured, the area finished, and inspections had passed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the threshold an unreasonably dangerous condition? | Todd: unfinished threshold/gap created danger and required warning. | Angel: threshold was stable/open and area finished; no danger or duty to warn. | No unreasonably dangerous condition; no duty to warn. |
| Did Angel owe a duty to invitees to maintain a safe premises? | Todd: owner/builder owed duty to ensure safety during tours. | Angel: area was safe; no breach of duty; inspections passed. | No breach; no duty to warn given open/obvious condition. |
| Did city inspections relieve Angel of duty in premises liability? | Inspections not shown to focus on the stairwell; irrelevant to duty. | Inspections passed; area safe; no warning required. | Inspections did not create or eliminate duty; no duty found. |
| Under La. C.C. art. 2317.1, was there a defect in the thing with an unreasonable risk? | The threshold/unfinished area constituted a defect causing risk. | No defect presented an unreasonable risk; threshold stable. | No defect with unreasonable risk; no liability under art. 2317.1. |
Key Cases Cited
- Wynn v. Luck, 106 So.3d 111 (La.App.2d Cir. 2012) (standard for determining unreasonably dangerous premises conditions)
- Durmon v. Billings, 873 So.2d 872 (La.App.2d Cir. 2004) (obviousness of conditions negates duty to warn)
- Scherer v. PNK (Bossier City), Inc., 112 So.3d 931 (La.App.2d Cir. 2013) (summary judgment standard in premises liability cases)
- Schroeder v. Board of Supervisors of Louisiana State University, 591 So.2d 342 (La.1991) (de novo review of summary judgment; burden on movant)
- King v. Illinois National Insurance Co., 9 So.3d 780 (La. 2009) (premises liability duty and reasonable care standard)