Wynn v. Luck
106 So. 3d 111
La. Ct. App.2012Background
- Luck, as owner/lessor of Brenda’s house, leased to Brenda from July 2007 to October 2010.
- On June 16, 2010 a three-by-six foot sheetrock piece fell in Brenda’s kitchen, injuring the plaintiffs.
- Trial court held Luck liable for the defective ceiling and related damages.
- Luck argued he did not know or could not have known of the defect prior to the incident.
- Housing Authority inspection on June 23, 2010 documented widespread ceiling damage in Brenda’s home.
- Maintenance supervisor Fleckenstein testified that a casual observation could have revealed the ceiling defect; repairs would have cost about $350.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Knowledge of defect pre-incident | Luck knew or should have known of the defect. | Luck lacked actual or constructive knowledge of any defect prior to June 16, 2010. | Luck knew or should have known of the defect; liability affirmed. |
| Comparative fault and duty to warn | If liable, Luck should not be freed from liability for failing to warn Brenda’s sisters. | Trial court should assign fault to Brenda for not warning plaintiffs. | Court rejected need to apportion fault to Brenda; no error in not allocating comparative fault to Brenda. |
Key Cases Cited
- Greely v. OAG Properties, L.L.C., 12 So.3d 490 (La.App. 2 Cir. 2009) (owner/lessor liability for condition of leased premises under Art. 2317.1)
- Allstate Ins. Co. v. Veninata, 971 So.2d 420 (La.App. 4 Cir. 2007) (premises liability rules and reasonable care standard)
- Johnson v. Super 8 Lodge-Shreveport, 92 So.3d 519 (La.App. 2 Cir. 2012) (defect/vice/ruin burden on owner depending on knowledge)
- Pamplin v. Bossier Parish Community College, 878 So.2d 889 (La.App. 2 Cir. 2004) (elements of liability under Art. 2317.1 and notice)
- Dupree v. City of New Orleans, 765 So.2d 1002 (La. 2000) (fact-specific defect risk assessment)
- Heflin v. American Home Wildwood Estates, L.P., 936 So.2d 226 (La.App. 2 Cir. 2006) (fact-sensitive review of defect notice and duty)
- Cavet v. Louisiana Extended Care Hosp., 92 So.3d 1122 (La.App. 2 Cir. 2012) (unreasonable risk standard for defect and social utility balance)
- Nicholson v. Horseshoe Entertainment, 58 So.3d 565 (La.App. 2 Cir. 2011) (balance of risk, utility, and repair feasibility)
- Reed v. Wal-Mart Stores, Inc., 708 So.2d 362 (La. 1998) (causation and fault allocation in premises cases)