SHANE R. PIERCE AND KIMBERLY M. PIERCE
IRMA M. RODRIGUEZ, ET AL.
SUPERVISORY WRIT FROM THE NINTH JUDICIAL DISTRICT COURT
PARISH OF RAPIDES, NO. 251, 406 HONORABLE PATRICIA EVANS
KOCH, DISTRICT JUDGE
A. Pharis Pharis Law Offices COUNSEL FOR
PLAINTIFFS/RESPONDENTS: Shane R. Pierce Kimberly M. Pierce.
Michael E. Parker Allen & Gooch COUNSEL FOR
DEFENDANTS/APPLICANTS: RLI Insurance Company Ballard CLC,
Inc. James Bryan Butler
Randall Brian Keiser Keiser Law Firm, PLC COUNSEL FOR
DEFENDANT/RESPONDENT: Irma M. Rodriguez
composed of John D. Saunders, Billy H. Ezell, and Jonathan W.
D. SAUNDERS, JUDGE
Ballard, CLC, Inc. (Ballard); James Bryan Butler (Butler);
and Ballard's insurer, RLI Insurance Company (RLI), seek
writs from the denials of two motions for summary judgment in
a ruling rendered by the Ninth Judicial District Court,
Parish of Rapides, the Honorable Patricia Evans Koch,
OF THE CASE
Rodriguez (Rodriguez) sold a home located at 109 Belle Trace,
Lecompte, Louisiana, to Shane and Kimberly D. Pierce (the
Pierces). The sale was "as is" without warranties.
October 1, 2013, a VA appraisal was conducted, and the
appraiser noted masonry cracks and recommended an
engineer's report. Rodriguez hired Ballard, and an
inspection was performed by Butler, an engineer, whose
October 8, 2013 report found the house to be
being made aware of the VA appraisal's results, Shane
called their lender, Public Service Mortgage (PSM), and
indicated that they did not wish to purchase the house
because of possible foundation problems. The Pierces were
allegedly told that they might be subject to penalties and
litigation if they backed out of the sale. The sale went
through and closed on October 29, 2013.
Pierces allege that the failure of the foundation caused a
build-up of methane gas from the sewer that made the
home uninhabitable by January of 2014. They allege that
because they could not pay the mortgage due to having to pay
rent on another place to live, the loan was placed in
default. The home was seized and sold.
Pierces filed suit against Rodriguez, Ballard, Butler, and
PSM,  alleging that Rodriguez knew and
intentionally chose not to disclose that there were latent
defects in the foundation and the sewer, as well as numerous
other problems, that existed at the time of sale. Rodriguez
filed a motion for summary judgment seeking the dismissal of
the Pierces' claims. The motion was denied by the trial
court, and this court denied her writ application. Pierce
v. Rodriguez, 17-680 (La.App. 3 Cir. 3/14/18)
(unpublished writ decision), writ denied, 18-587
(La. 6/1/18), 244 So.3d 436.
filed a third-party demand against Allstate, her
homeowner's insurer. Allstate filed a motion for summary
judgment alleging that the policy issued to Rodriguez did not
provide coverage for a redhibition claim. That motion was
denied, and Allstate sought writs. This court granted writs
and rendered judgment in favor of Allstate, dismissing both
Rodriguez's third-party demand and the Pierces' claim
against Allstate. Pierce v. Rodriguez, 17-681
(La.App. 3 Cir. 718/18) (unpublished opinion).
filed motions for summary judgment seeking dismissal of the
Pierces' claims of detrimental reliance on Butler's
report and their claims for loss of consortium. Rodriguez
adopted "by reference" the motion for summary
judgment filed by Relators. It is unclear whether she
intended to adopt both motions, and she has ...