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.
COUNSEL FOR DEFENDANT/RELATOR, VALENTINE MECHANICAL SERVICES,
LLC Sean P. Mount, Anne E. Medo, Bryce M. Addison.
composed of Judges Susan M. Chehardy, Fredericka Homberg
Wicker, and Jude G. Gravois
GRANTED; JUDGMENT VACATED; PARTIAL SUMMARY JUDGMENT GRANTED;
M. CHEHARDY CHIEF JUDGE.
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
AND PROCEDURAL HISTORY
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
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
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 ...