Snoddy v. City of Marksville

702 So. 2d 890, 1997 WL 619280
CourtLouisiana Court of Appeal
DecidedOctober 8, 1997
Docket97-327
StatusPublished
Cited by13 cases

This text of 702 So. 2d 890 (Snoddy v. City of Marksville) 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
Snoddy v. City of Marksville, 702 So. 2d 890, 1997 WL 619280 (La. Ct. App. 1997).

Opinion

702 So.2d 890 (1997)

Geraldine D. SNODDY, Plaintiff-Appellant,
v.
The CITY OF MARKSVILLE, et al., Defendants-Appellees.

No. 97-327.

Court of Appeal of Louisiana, Third Circuit.

October 8, 1997.

*891 James G. Perdigao, New Orleans, Tammy L. Pruet, Baton Rouge, for Geraldine D. Snoddy.

David Edwin Lafargue, Marksville, for The City of Marksville.

Russell L. Potter, Alexandria, for Rodney M. Rabalais.

Deborah Dupuy Didier, Marksville, in pro. per.

Marc Dupuy, Jr., Marksville, for Dupuy & Didier.

Charles Addison Riddle, III, Marksville, for Mae D. Chapman.

Before SAUNDERS, WOODARD and GREMILLION, JJ.

GREMILLION, Judge.

The plaintiff, Florence Dupuy Clark,[1] appeals the trial court's dismissal of her claims against the defendants, the City of Marksville, Rodney Rabalais, Deborah Dupuy Didier, the law firm of Dupuy and Didier (law firm), Mae D. Chapman, and the 122 East Mark Street Condominium Association (Association), along with each of their insurers, upon sustaining the defendants' exceptions of vagueness and ambiguity and dismissing her claims with prejudice.

*892 FACTS

Snoddy filed a petition on August 26, 1996, seeking damages for an injury she allegedly suffered on October 5, 1995, when she fell while trying to negotiate a curb outside Rabalais' law office. In her petition, Snoddy named as defendants Marksville, Rabalais, Didier, the law firm, and each of their insurers. Snoddy had contacted Marc Dupuy, a Marksville lawyer with the law firm, in order to terminate the community property regime between her and her husband. In addition to performing legal work for Snoddy, Dupuy referred her to his partner, Didier, who was represented to have expertise in geriatric issues. Dupuy further referred Snoddy to Rabalais for litigation services and expertise in terminating the community property regime.

On October 5, 1995, Snoddy met with Didier at Rabalais' law office. Following this meeting, Didier escorted her out of the office, which was located at 122 East Mark Street, to the curb which was located several feet from the office's front door. Snoddy alleged that the curb was extremely steep and, thus, defective in that it posed an unreasonable risk of harm. She further alleged that Didier, who had assumed the role of "caretaker beyond the role of an ordinary attorney-client relationship and who knew or should have known of petitioner Snoddy's frailties" left her to go to her car, and that in attempting to follow Didier, she fell to the ground injuring herself. This lawsuit followed.

In response to this suit, Rabalais filed a dilatory exception of vagueness or ambiguity, alleging that he could not safely plead to Snoddy's petition because it lumped all of the defendants together and failed to specify the theory or cause of action she was alleging against each particular defendant. The law firm and Didier also filed exceptions of vagueness or ambiguity for the same reasons as Rabalais. Marksville filed a dilatory exception of vagueness or ambiguity and a peremptory exception of no cause of action. In addition to its claim of vagueness, it claimed that Snoddy's petition failed to state a cause of action since her only allegation against it was that the incident occurred in Marksville and was on property owned by Rabalais.

On October 7, 1996, Snoddy filed an Amended and Restated Petition, adding as defendants Mae D. Chapman and her insurer. In this petition, Snoddy particularized each alleged cause of action against each defendant. A hearing was held on the exceptions on October 11, 1996, following which the trial court sustained Marksville's peremptory exception of no cause of action. The trial court further sustained the remaining defendants' dilatory exceptions of vagueness or ambiguity. The trial court allowed Snoddy fifteen days within which to cure the exceptions or her claims would be dismissed.

In accordance with the trial court's ruling, Snoddy filed a Second Amended and Restated Petition on October 25, 1996. In addition to the already named defendants, Snoddy added as defendants the Association and its insurer. Rabalais' office was located in a unit in the 122 East Mark Street Condominium. Snoddy alleged that the sidewalk where she fell was listed as a common element in the Condominium Declaration, of which the repair, maintenance, and replacement were the responsibility of the Association.

In response to this petition, Rabalais again filed an exception of vagueness or ambiguity, claiming that Snoddy had failed to cure the exceptions and asking that the trial court dismiss her claim with prejudice or, in the alternative, that she amend her petition to cure the exceptions. The Association filed exceptions of vagueness or ambiguity, seeking to have the trial court dismiss Snoddy's claims or, in the alternative, to have her amend her petition. Likewise, the law firm and Didier both filed motions to dismiss, alleging that Snoddy's Second Amended and Restated Petition failed to comply with the trial court's order and, thus, her petition should be dismissed with prejudice or, in the alternative, she should be ordered to amend her petition. Marksville also filed a motion to dismiss Snoddy's petition based on her failure to comply with the trial court's order to cure the exceptions. In the alternative, it again filed an exception of vagueness or ambiguity and asked that Snoddy be ordered to amend her petition. In response to these *893 motions and exceptions, the trial court, ex parte, granted Didier's, the law firm's, and Marksville's motions to dismiss. Snoddy then filed a Motion for New Trial, and to Nullify Order Dismissing Case Without Hearing. A hearing was set on this motion and on Rabalais' and the Association's exception of vagueness or ambiguity. Following the hearing, the trial court rendered judgment in favor of Rabalais and the Association and denied Snoddy's motion for a new trial. A signed judgment was rendered by the trial court on January 6, 1997. This appeal followed.

ISSUES

On appeal, Snoddy raises seven assignments of error:

1) The district court erred in sustaining Didier's, the law firm's, and Rabalais' exceptions of vagueness and Marksville's exceptions of vagueness and no cause of action as to plaintiff's amended and restated petition.
2) The district court erred in granting Didier's, the law firm's, and Marksville's motion to dismiss for failure to comply with the Court's October 11, 1996 order, dismissing plaintiff's claim against them with prejudice.
3) The district court erred in granting Didier's, the law firm's, and Marksville's motion to dismiss for failure to comply with the Court's October 11, 1996 order on an ex parte basis.
4) The district court erred in refusing to overturn the ex parte dismissal order and in refusing to grant plaintiff's motion for new trial and to nullify judgment.
5) The district court erred in granting Rabalais' and the Association's exceptions of vagueness and ambiguity/motion to dismiss as to the plaintiff's Second Amended and Restated Petition.
6) The district court erred in dismissing the Association with prejudice.
7) The district court erred in ordering the harsh remedy of dismissal for a minor and technical issue regarding pleading practice, ever after striking the objectionable allegation on its own motion.

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Bluebook (online)
702 So. 2d 890, 1997 WL 619280, Counsel Stack Legal Research, https://law.counselstack.com/opinion/snoddy-v-city-of-marksville-lactapp-1997.