OF CERTIORARI FROM THE FOURTEENTH JUDICIAL DISTRICT COURT
PARISH OF CALCASIEU DOCKET NUMBER 2015-4260-F HONORABLE
SHARON DARVILLE WILSON, JUDGE
K. Trahan, Sarah E. Stevens, JUNEAU DAVID COUNSEL FOR
DEFENDANT/APPLICANT: Louie Street Apartments, Inc.
Jay Bice, Julis Love Taylor Veron, Bice, Palermo &
Wilson, L.L.C. COUNSEL FOR PLAINTIFF/RESPONDENT: Jennifer
composed of John E. Conery, D. Kent Savoie, and Van H. Kyzar,
E. CONERY, JUDGE.
Defendant-Relator, Louie Street Apartments, Inc. (hereinafter
sometimes referred to as the Corporation), seeks supervisory
writs from the judgment of the Fourteenth Judicial District
Court, Parish of Calcasieu, the Honorable Sharon Darville
Wilson presiding, which denied the Corporation's motion
for summary judgment. For the following reasons, the
Corporation's writ is granted and made peremptory. All
claims made against the Corporation by Plaintiff/Respondent
Jennifer Williams are dismissed with prejudice. All costs are
assessed to Plaintiff/Respondent Jennifer Williams.
OF THE CASE
Jennifer Williams, was injured when a picnic table bench seat
collapsed, causing her to fall to the ground. The bench was
located on the grounds of a housing project called the Louie
Street Apartments. The Corporation owns the property on which
the bench was located. However, the apartments and grounds
are managed and maintained by the Calcasieu Association for
Retarded Citizens (CARC), for whom Ms. Williams was working
at the time of the accident.
Williams filed suit against the Corporation based on its
ownership of the property on which the bench was located. The
Corporation filed the subject motion for summary judgment
contending that Ms. Williams could not recover against it.
The Corporation claims that, although it owns the property,
it did not own the bench. The Corporation notes that CARC
manages the property and maintains it. The Corporation also
pointed out that CARC purchased the bench and assembled it.
Therefore, the Corporation claimed that it could not be held
accountable for Ms. Williams's injuries.
hearing on the motion for summary judgment was held by the
trial court on February 6, 2017. At the conclusion of the
hearing, the trial court denied the motion. The court minutes
state that the trial court would sign a written judgment upon
presentation, although the transcript does not contain this
statement. The Corporation filed a Notice of Intention to
Apply for Supervisory Writs and Request to Set a Reasonable
Return Date on February 15, 2017. Also, on this same date,
the Corporation filed a request for written reasons for
judgment to be issued
having received a signed order setting the return date, among
other things, the Corporation filed a motion for an extension
of the return date on March 1, 2017.
neither an order setting the original return date nor an
order setting the extension of the return date was received
by the Corporation, the Corporation sent to this court its
Motion to Extend Return Date to File an Application for
Supervisory Writ, docketed by this court as CM 17-240, and
its Application for Supervisory Writ, docketed by this court
as CW 17-241. Although the date stamp from this court's
clerk's office indicates that these items were filed on
March 9, 2017, in actuality, the items were received by this
court bearing a postmark date of March 8, 2017. A letter from
this court's clerk's office notifying the parties and
the trial court of the writ application's filing states
that the writ "has been received and filed, as of the
postmark date of March 8, 2017."
these initial filings, several supplemental filings have been
made by the Corporation, including the transcript of the
February 6, 2017 hearing; the written reasons signed by the
trial court on March 10, 2017, in which the trial court
denies the motion for summary judgment; an order signed by
the trial court on February 27, 2017, which set the original
return date for the filing of the writ application for March
6, 2017; and an order signed by the trial court on March 10,
2017, extending the return date for the filing of the writ
application to April 6, 2017.
17-240 MOTION TO EXTEND RETURN DATE TO FILE AN ...