Broussard v. Voorhies

970 So. 2d 1038, 2007 WL 2713339
CourtLouisiana Court of Appeal
DecidedSeptember 19, 2007
Docket2006 CA 2306
StatusPublished
Cited by32 cases

This text of 970 So. 2d 1038 (Broussard v. Voorhies) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Broussard v. Voorhies, 970 So. 2d 1038, 2007 WL 2713339 (La. Ct. App. 2007).

Opinion

970 So.2d 1038 (2007)

Rene L. BROUSSARD
v.
Alice Joyce VOORHIES, David Voorhies, State Farm Mutual Insurance Company, and Southern Farm Bureau Insurance Company.

No. 2006 CA 2306.

Court of Appeal of Louisiana, First Circuit.

September 19, 2007.
Writ Denied December 14, 2007.

*1040 Lawrence K. Burleigh, Sr., Lawrence K. Burleigh, Jr., Lafayette, Counsel for Plaintiff/Appellant Rene L. Broussard.

Jackson B. Bolinger, Lafayette, Counsel for Defendants/Appellees Alice J. Voorhies and State Farm Fire & Casualty Company.

Michael W. Campbell, Lafayette, Counsel for Defendants/Appellees David Voorhies and Louisiana Farm Bureau Casualty Insurance Company.

Before: GAIDRY, McDONALD, and McCLENDON, JJ.

GAIDRY, J.

The owner of a boat shed destroyed by a fire originating on neighboring property appeals a judgment finding the owner and the primary user of the neighboring property free from liability for the fire. For the following reasons, we affirm the judgment.

FACTS AND PROCEDURAL HISTORY

The plaintiff, Rene L. Broussard, and the defendant, Alice J. Voorhies, owned adjacent property in Cypremort Point, Louisiana, on which each had a camp. Ms. Voorhies's camp was built around 1965 by her father, from whom she inherited the *1041 property. Although Ms. Voorhies owned the camp, she only seldom visited it after the late 1980s, and she allowed her three brothers and their families to use it. Her brother, David Voorhies, was the primary user of the camp beginning around 1988 to 1990, and assumed the general responsibility for its maintenance.

An electrical circuit breaker box for Ms. Voorhies's camp was situated on the inside wall of the raised camp's first-floor boat slip, five feet above ground level, with the electrical meter in another box opposite it on the outside wall. The boat shed on Mr. Broussard's property was located only three feet from the outside wall of Ms. Voorhies's camp.

On the morning of February 3, 2001, David Voorhies went to his sister's camp for a few hours to clean it in preparation for the weekend. He washed and dried some clothes, and upon leaving the camp left some appliances running, including a water pump and the refrigerator. At about 6:00 p.m. that evening, he received a telephone call informing him that the camp was on fire. The fire destroyed the camp and Mr. Broussard's nearby boat shed, including a boat and other contents.

Mr. Broussard filed suit against Ms. Voorhies, Mr. Voorhies, and their respective liability insurers, alleging that the fire was caused by their negligence and defective conditions in the Voorhies camp. The defendants answered the petition, denying liability. The defendants subsequently amended their answers to allege the negligence and fault of third parties, including Central Louisiana Electric Cooperative (CLECO), the utility company who owned the electrical meter.

A bench trial took place on April 19, 2006. At the conclusion of the presentation of the plaintiffs case, the defendants moved for involuntary dismissal.[1] The trial court granted the defendants' motions, finding that it was not proven that either Ms. Voorhies or David Voorhies knew or should have known of any defect causing the claimed damages. Its judgment dismissing Mr. Broussard's cause of action was signed on July 12, 2006.

Mr. Broussard appeals, contending that the trial court erred in finding that Ms. Voorhies and David Voorhies exercised reasonable care under the circumstances and in failing to apply the doctrine of res ipsa loquitur.

STANDARD OF REVIEW

Louisiana Code of Civil Procedure article 1672(B) provides for a motion for involuntary dismissal of a plaintiffs action in the course of a bench trial:

In an action tried by the court without a jury, after the plaintiff has completed the presentation of his evidence, any party, without waiving his right to offer evidence in the event the motion is not granted, may move for a dismissal of the action as to him on the ground that upon the facts and law, the plaintiff has shown no right to relief. The court may then determine the facts and render judgment against the plaintiff and in favor of the moving party or may decline to render any judgment until the close of all the evidence.

The trial court's grant of an involuntary dismissal is subject to the well-settled manifest error standard of review. *1042 Gauthier v. City of New Iberia, 06-341, p. 3 (La.App. 3rd Cir.9/27/06), 940 So.2d 915, 918. Accordingly, in order to reverse the trial court's grant of involuntary dismissal, we must find, after reviewing the record, that there is no factual basis for its finding or that the finding is clearly wrong or manifestly erroneous. See Stobart v. State, through Dep't of Transp. and Dev., 617 So.2d 880, 882 (La.1993). The issue is not whether the trial court was right or wrong, but whether its conclusion was reasonable. Id.

DISCUSSION

Louisiana Civil Code articles 2315 and 2316 provide the basic codal foundation for delictual liability in our state. In addition to those articles, La. C.C. arts. 2317.1 and 2322 define the basis for delictual liability for defective things and buildings. Louisiana Civil Code art. 2317.1 provides:

The owner or custodian of a thing is answerable for damage occasioned by its ruin, vice, or defect, only upon a showing that he knew or, in the exercise of reasonable care, should have known of the ruin, vice, or defect which caused the damage, that the damage could have been prevented by the exercise of reasonable care, and that he failed to exercise such reasonable care. Nothing in this Article shall preclude the court from the application of the doctrine of res ipsa loquitur in an appropriate case. (Emphasis supplied.)

Louisiana Civil Code article 2322 provides the same standard of proof for liability for a defective "building" and its components:

The owner of a building is answerable for the damage occasioned by its ruin, when this is caused by neglect to repair it, or when it is the result of a vice or defect in its original construction. However, he is answerable for damages only upon a showing that he knew or, in the exercise of reasonable care, should have known of the vice or defect which caused the damage, that the damage could have been prevented by the exercise of reasonable care, and that he failed to exercise such reasonable care. Nothing in this Article shall preclude the court from the application of the doctrine of res ipsa loquitur in an appropriate case. (Emphasis supplied.)

The 1996 legislation enacting La. C.C. art. 2317.1 and amending La. C.C. art. 2322, effective April 16, 1996, abolished the concept of strict liability governed by prior interpretation of the pre-1996 versions of La. C.C. arts. 2317 and 2322. See Dennis v. The Finish Line, Inc., 99-1413, 99-1414, p. 5 n. 8 (La.App. 1st Cir.12/22/00), 781 So.2d 12, 20 n. 8, writ denied, 01-0214 (La.3/16/01), 787 So.2d 319; 12 William E. Crawford Louisiana Civil Law Treatise: Tort Law §§ 19.1, 19.2 (2nd ed.1996). A more appropriate term now for liability under La. C.C. arts. 2317.1 and 2322 might be "custodial liability," but such liability is nevertheless predicated upon a finding of negligence. See Rogers v. City of Baton Rouge, 04-1001, pp. 4-5 (La.App. 1st Cir.6/29/05), 916 So.2d 1099, 1102, writ denied, 05-2022 (La.2/3/06), 922 So.2d 1187.

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Bluebook (online)
970 So. 2d 1038, 2007 WL 2713339, Counsel Stack Legal Research, https://law.counselstack.com/opinion/broussard-v-voorhies-lactapp-2007.