Appealed from the Nineteenth Judicial District Court In and
for the Parish of East Baton Rouge State of Louisiana Suit
Number C650672 Honorable Todd Hernandez, Presiding
McCoy Plaintiff/Appellant Baton Rouge, LA In Proper Person
Jennifer E. Michel Counsel for Defendant/Appellee Jaime F.
Landry S.C. Tiger Manor, LLC Lafayette, LA
BEFORE: GUIDRY, THERIOT, PENZATO, JJ.
McCoy appeals from a trial court judgment granting summary
judgment in favor of defendant, Tiger Manor, and dismissing
her claims against Tiger Manor with prejudice. For the
reasons that follow, we affirm.
AND PROCEDURAL HISTORY
was a resident of an apartment complex owned and operated by
Tiger Manor. On August 11, 2016, McCoy filed the instant
action, in proper person, against Tiger Manor, asserting that
her vehicle was destroyed by water on October 26, 2015, while
parked in a lot on Tiger Manor's property, and that the
damage to her vehicle was the result of serious flaws in the
design, construction, and maintenance of the parking lot.
McCoy alleged that as a result of Tiger Manor's
negligence, she suffered damages, including loss of her new,
custom ordered vehicle, loss of earnings, and mental anguish.
McCoy amended her petition to more specifically allege that
the parking lot where her car was parked was designed and
built improperly and with serious defects, and that the
drainage system in that portion of the parking lot is
dysfunctional because rain water gathers in that spot while
other sections of the parking lot on the property remain safe
and suitable for parking. McCoy also asserted claims for
false advertising and breach of contract related to other
issues with the apartment complex, including management,
maintenance, and transportation. McCoy attached several
photographs and maintenance lists to her amended petitions.
Manor filed an answer to McCoy's claims, asserting that
McCoy's damages as related to her vehicle, if any, were
caused by an Act of God, particularly a named hurricane
and/or other fortuitous event beyond the control of Tiger
Manor. Tiger Manor also filed a motion for summary judgment
on February 1, 2018, asserting that McCoy is unable to
produce any evidence that the parking lot contained a defect
and further, is unable to establish that any alleged defect
caused the flooding and resulting damage. Rather, Tiger Manor
asserted that any flooding was the result of Hurricane
Patricia, an Act of God. Tiger Manor also sought summary
judgment as to McCoy's remaining claims, asserting that
McCoy is unable to meet her burden of proof as to any element
of those claims.
on March 29, 2018, McCoy filed a motion for continuance,
asserting that she is self-represented and needs additional
time to retain legal counsel to represent her in this matter.
trial court conducted a hearing on McCoy's motion to
continue and Tiger Manor's motion for summary judgment on
April 2, 2018. Following the presentation of argument by the
parties, the trial court denied McCoy's motion to
continue and took Tiger Manor's motion for summary
judgment under advisement. Thereafter, the trial court issued
a written ruling, finding:
[t]he plaintiff has failed to submit the slightest of
evidence that may even suggest that the defendant may
reasonably be at fault for the damages she alleges she has
suffered and no evidence has been submitted to remotely
suggest, much less prove by a preponderance of the evidence,
that the defendant's conduct in some way caused or
contributed to the cause of the flooding in the
defendant's parking lot.
the trial court found that plaintiff had more than sufficient
time to retain legal counsel and to ...