Pearson v. DELAUNE

54 So. 3d 172, 2010 La.App. 4 Cir. 0475, 2010 La. App. LEXIS 1758, 2010 WL 5120827
CourtLouisiana Court of Appeal
DecidedDecember 15, 2010
Docket2010-CA-0475
StatusPublished
Cited by4 cases

This text of 54 So. 3d 172 (Pearson v. DELAUNE) 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
Pearson v. DELAUNE, 54 So. 3d 172, 2010 La.App. 4 Cir. 0475, 2010 La. App. LEXIS 1758, 2010 WL 5120827 (La. Ct. App. 2010).

Opinions

TERRI F. LOVE, Judge.

| iPlaintiffs/Appellants, Elizabeth Pearson and Upton Pearson, appeal the district court’s granting of a motion for summary judgment that was filed on behalf of Defendants/Appellees, Thomas J. Delaune, Tommy’s Seafood, Inc., and Lafayette Insurance Company. The Pearsons filed suit against Mr. Delaune, owner of the leased premises where she was employed, and Mr. Delaune’s insurer, alleging that Mrs. Pearson was injured as a result of a defective, leaking compressor unit, the condition of which she alleged that she had previously informed Mr. Delaune.

We find that the trial court correctly granted the motion for summary judgment, as no genuine issues of material fact exist as to Mr. Delaune’s knowledge of the defect in question. Defendants are thus entitled to summary judgment as a matter of law, and we affirm the decision of the trial court.

FACTUAL AND PROCEDURAL HISTORY

Mrs. Elizabeth Pearson and Mr. Upton Pearson allege that in January 2004, Mrs. Pearson was employed by Crescent City Produce1, lessee of the building j2located at 148 Harbor Circle, when she entered a walk-in cooler and slipped and fell in a puddle of water that had collected on the floor. Mrs. Pearson alleges that the puddle on which she slipped resulted from a defective, leaking compressor unit. She further alleges that she had previously informed Mr. Thomas Delaune, owner of [174]*174the leased premises, of the defective condition of the compressor unit.

The Pearsons filed a petition for damages against Mr. Thomas Delaune, Tommy’s Seafood, Inc., and Mr. Delaune’s insurer, Lafayette Insurance Company. Defendants filed a motion for summary judgment, which the trial court granted, finding that no genuine issue of material fact exists as to whether Mr. Delaune knew or should have known of the alleged defective condition of the cooler. The trial court found that if Mrs. Pearson did inform Mr. Delaune of the defect, she knew about the defect, and if Mrs. Pearson did not inform Mr. Delaune of the defect, he had no duty as a property owner to warn of the condition. The Delaunes appeal the trial court’s grant of the Defendants’ motion for summary judgment.

STANDARD OF REVIEW

A motion for summary judgment will be granted “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to material fact, and that mover is entitled to judgment as a matter of law.” La.Code Civ.Proc. art. 966(B). Summary judgment is favored and shall be construed “to secure the just, speedy, and inexpensive determination of every action.” La.Code Civ.Proc. art. 966(A)(2).

Appellate courts are to review summary judgments de novo under the same criteria that govern the district court’s consideration of whether summary judgment is appropriate. Champagne v. Ward, 03-3211, p. 4 (La.1/19/05), 893 So.2d 773, 776. The mover bears the initial burden of proof to show that no genuine issue of |smaterial fact exists. Id. However, if the mover will not bear the burden of proof at trial, he need not negate all essential elements of the adverse party’s claim, but he must point out that there is an absence of factual support for one or more elements essential to the claim. La.Code Civ.Proc. art. 966(C)(2). Once the mover has met his initial burden of proof, the burden shifts to the nonmoving party to produce factual support sufficient to establish that he will be able to satisfy his evidentiary burden at trial. Id.

MOTION FOR SUMMARY JUDGMENT

The Pearsons assign error to the district court granting of Appellees’ motion for summary judgment. The Pearsons argue that there was a genuine issue of material fact as to whether Mr. Delaune knew or should have known of the allegedly defective condition of the cooler based on the pleadings, depositions, admissions, affidavits and documents presented.

In determining whether the trial court erred in granting Mr. Delaune’s motion for summary judgment, we must discern whether genuine issues of material fact exist. King v. Dialysis Clinic Inc., 04-2116, p. 5 (La.App. 4 Cir. 1/4/06), 923 So.2d 177, 180. “A fact is material if it potentially insures or precludes recovery, affects a litigant’s ultimate success, or determines the outcome of a legal dispute.” Hines v. Garrett, 04-0806, p. 1 (La.6/25/04), 876 So.2d 764, 765. An adverse party to a supported motion for summary judgment may not rest on the mere allegations or denials of his pleading, but his response, by affidavits or as otherwise provided by law, must set forth specific facts establishing that there is a genuine issue of material fact for trial. La.Code Civ. Proc. art. 967(B).

RKnowIedge of the Defective Condition

Appellants maintain that the law imposes a duty upon the owner of the building to be answerable for damages occasioned by its damage or ruin. Appel[175]*175lants argue that Mr. Delaune knew or should have known of the allegedly defective condition of the coolers, which led to Mrs. Pearson’s injuries and purport that Mr. Delaune’s liability for Mrs. Pearson’s injuries is predicated on that knowledge.

The basis of Appellees’ motion for summary judgment was that there was no genuine issue of material fact as to whether Mr. Delaune knew or should have known of the allegedly defective condition of the cooler. Appellees maintain that Mr. Delaune did not have responsibility to perform repairs or maintain the building and that Mrs. Pearson, in her capacity as manager of Crescent City Produce, was aware of who held responsibility to perform repairs. Appellees contend that Ms. Pearson knew of the condition at the building and had a responsibility to avoid the danger and did not, and her injuries resulted from that failure. Further, Appellees aver that Mr. Delaune had no knowledge of the alleged defects or time to make repairs even if he did have knowledge of the defects.

The trial court stated:

The motion for summary judgment is granted. The linchpin in this decision is whether the Plaintiff informed Mr. Delaune of the defect in question. This is the linchpin because either way you answer this question, it is the Court’s view that the Defendants must prevail. If Plaintiff did inform Mr. Delaune of the defect, she obviously knew about it ...
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On the other hand, if Plaintiff did not inform Mr. Delaune of the defect, then he had no duty as a property owner to warn of the condition. If there is no duty, there is no remaining factual question for the jury to decide.

|sAn owner’s liability for a vice or defect on the premises is rooted in La.C.C. arts. 2317 and 2322. Both articles impose strict liability, or liability without fault, based on status as an owner or custodian rather than on personal fault. La.C.C. art. 2317 imposes liability on an individual as a custodian for damage caused by things in his custody. Under La.C.C. art. 2322, an owner is liable for damages to any person injured in an accident caused by the owner’s neglect to repair the building or from a defect in its original construction. Olsen v. Shell Oil Co., 365 So.2d 1285 (La.1978).

To recover under La.C.C. 2317, a plaintiff must prove that he was injured by a thing that was in the care or custody of the defendant and that such thing was defective. Fonseca v. Marlin Marine Corp., 410 So.2d 674 (La.1981);

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Bluebook (online)
54 So. 3d 172, 2010 La.App. 4 Cir. 0475, 2010 La. App. LEXIS 1758, 2010 WL 5120827, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pearson-v-delaune-lactapp-2010.