Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Lahare v. Valentine Mechanical Services, LLC

Court of Appeals of Louisiana, Fifth Circuit

June 29, 2017

DONNA LAHARE
v.
VALENTINE MECHANICAL SERVICES, LLC

         ON APPLICATION FOR SUPERVISORY REVIEW FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH OF JEFFERSON, STATE OF LOUISIANA NO. 743-455, DIVISION "O" HONORABLE DANYELLE M. TAYLOR, JUDGE PRESIDING

          COUNSEL FOR PLAINTIFF/RESPONDENT, DONNA LAHARE Eric O. Person.

          COUNSEL FOR DEFENDANT/RELATOR, VALENTINE MECHANICAL SERVICES, LLC Sean P. Mount, Anne E. Medo, Bryce M. Addison.

          Panel composed of Judges Susan M. Chehardy, Fredericka Homberg Wicker, and Jude G. Gravois

         WRIT GRANTED; JUDGMENT VACATED; PARTIAL SUMMARY JUDGMENT GRANTED; REMANDED

         SMC

         FHW

         JGG

          SUSAN M. CHEHARDY CHIEF JUDGE.

         In this writ application, Valentine Mechanical Services, LLC, relator, seeks review of the district court's May 1, 2017 ruling denying Valentine's motion for partial summary judgment. After our de novo review, we conclude that the district court erred in denying Valentine's motion for partial summary judgment. We therefore grant this writ application, vacate the district court's May 1, 2017 ruling, and grant Valentine's motion for partial summary judgment.

         FACTS AND PROCEDURAL HISTORY

         The material facts in this case are undisputed. In October 2013, respondent, Donna Lahare, was looking to install a generator on her property when she came into contact with Valentine. A sales representative with Valentine met with Ms. Lahare to discuss installation options. During this meeting, Ms. Lahare advised the sales rep that she wanted the generator installed on the side of her property, not in her backyard. On October 31, 2013, the sales rep assured Ms. Lahare that the generator could be installed there and the parties contracted accordingly. On December 9, 2013, Valentine obtained a permit for the installation, but the permit authorized the installation in the backyard. Thereafter, in accordance with the contract but in violation of the permit, Valentine installed the generator on the side of Ms. Lahare's property. On December 20, 2013, a Jefferson Parish gas and plumbing inspector rejected the installation due to several code violations. Not wanting to relocate the generator, Ms. Lahare decided to apply for a zoning variance. This process required Ms. Lahare to obtain the approval of her neighbors. On March 18, 2014, while walking from house to house obtaining her neighbors' signatures, Ms. Lahare tripped on an alleged defect in the sidewalk and injured her shoulder.

         On April 15, 2015, Ms. Lahare filed suit against Valentine, seeking damages for the costs incurred for bringing the generator into compliance with code and for the personal injuries she sustained as a result of her fall. On February 9, 2017, Valentine filed a motion for partial summary judgment with respect to Ms. Lahare's claim for personal injury damages.

         Following a hearing on this motion on April 10, 2017, the district court denied Valentine's motion in open court, which it followed with a written judgment signed on May 1, 2017. Valentine filed the instant ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.