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Hernandez v. Chisesi Invs., L.L.C.

Court of Appeal of Louisiana, Fifth Circuit

November 12, 2014

NICOLE MARY HERNANDEZ
v.
CHISESI INVESTMENTS, L.L.C

Page 913

[Copyrighted Material Omitted]

Page 914

Editorial Note:

This Decision is not final until expiration of the fourteen day rehearing period.

ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA. NO. 706-442, DIVISION "D" . HONORABLE SCOTT U. SCHLEGEL, JUDGE PRESIDING.

JOEL A. LEVY, ATTORNEY AT LAW, Marrero, Louisiana, COUNSEL FOR PLAINTIFF/APPELLEE.

IRL R. SILVERSTEIN, ATTORNEY AT LAW, Gretna, Louisiana, COUNSEL FOR DEFENDANT/APPELLANT.

Panel composed of Judges Fredericka Homberg Wicker, Marc E. Johnson, and Robert A. Chaisson.

OPINION

MARC E. JOHNSON, J.

Page 915

[14-107 La.App. 5 Cir. 2] Defendant/Appellant, Chisesi Investments, L.L.C. (hereinafter referred to as " Chisesi" ), appeals the trial court's judgments awarding Plaintiff/Appellee, Nicole Mary Hernandez, damages and attorney's fees for a redhibition claim filed in the 24th Judicial District Court, Division " D" . For the following reasons, we affirm.

FACTS AND PROCEDURAL HISTORY

On September 23, 2010, Ms. Hernandez purchased the property located at 3409 Haring Road in Metairie, Louisiana from Chisesi for the purchase price of $169,000.00. The Act of Cash Sale contained a waiver of any warranties. Prior to the Act of Cash Sale, on August 18, 2010, Ms. Hernandez had a property inspection performed by Henry & Hatchett Inspection Services. The addendum to the property inspection noted the following regarding the slab of the home:

SLAB
Voids were noted at slab perimeter and there is a lot of subsidence under the slab. ADEQUATE AMOUNT OF FILL TO BE PUT UNDER HOUSE AND AROUND PERIMETER.

Under the " STRUCTURE" section, there was a comment noting:

Voids at the slab perimeter must be kept backfilled to prevent moisture entry and possible ground subsidence or foundation settlements. Sand appears to have been recently been placed around [14-107 La.App. 5 Cir. 3] the perimeter however it is already starting to wash out and create voids that may let water seep under the house. Heavy ground subsidence was noted at the bathroom tub access panels (to at least three feet beneath the underside of the slab).

In response to the property inspection, Chisesi hired Mark Peterson of Soil Depot, L.L.C. to address the deficiencies listed in the property inspection report. Soil Depot, L.L.C. pumped sand around the bathtubs and around the foundation of the home. After that work was completed, the parties proceeded in the Act of Sale. In the spring of 2011, Ms. Hernandez noticed some erosion around her ...


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