THOMAS P. HUBERT
JOANNE CURREN, GARY C. LANDRIEU & LANDRIEU CONSTRUCTION, INC.
FROM CIVIL DISTRICT COURT, ORLEANS PARISH NO. 2012-08880,
DIVISION "F" Honorable Christopher J. Bruno, Judge.
R. Bickford Lawrence J. Centola, III Jason Z. Landry
MARTZELL, BICKFORD & CENTOLA, COUNSEL FOR
L. Klein LAW OFFICE OF HENRY L. KLEIN, COUNSEL FOR
composed of Judge Edwin A. Lombard, Judge Sandra Cabrina
Jenkins, Judge Regina Bartholomew-Woods.
A. Lombard Judge.
appeal is from a district court judgment sustaining the
exception of no right of action filed by defendant, Joanne
Curren, and dismissing the plaintiff's lawsuit against
her with prejudice. After de novo review of the
record in light of the applicable law and arguments of the
parties, we affirm the district court judgment.
Facts and Procedural History
28, 2008, Thomas P. Hubert (the plaintiff/appellant)
purchased the house at 614 State Street in uptown New Orleans
from Kenneth P. Landrieu and Gary C. Landrieu. Several years
later, in the early morning of December 25, 2011, a small
fire occurred in the clothes dryer located in a utility
closet on the second floor of his home. The fire was
extinguished before the arrival of the New Orleans Fire
September 18, 2012, the plaintiff filed this lawsuit,
alleging that the fire occurred due to faulty workmanship
performed on the house prior to his purchase and that, as a
result of the fire, he and his family were forced to evacuate
the house until January 17, 2012, at significant personal
expense. The plaintiff named as defendants Ms. Curren, Gary
C. Landrieu (Ms. Curren's brother), and Landrieu
Construction, Inc. Ms. Curren was included as a defendant
because she purportedly acted improperly as the general
contractor and/or licensed home improvement contractor when,
prior to the plaintiff's purchase, the house was
"renovated and/or remediated and/or improved."
Specifically, the plaintiff asserted in his petition:
CAUSE OF THE FIRE
third party investigated the cause of the fire.
third party that investigated the cause of the fire
determined that the fire was caused by the fact that the
dryer was improperly installed and there was no venting to
the exterior of the home from the dryer.
the contractors for the renovation, remediation, and/or
improvement of the Hubert home, Defendants are liable to the
Plaintiff for the improper installation of the dryer that
resulted in the fire.
January 15, 2013, Ms. Curren filed exceptions of no right of
action and no cause of action. The district court overruled
them on April 22, 2013. The plaintiff dismissed Ms. Curren
from the lawsuit without prejudice shortly thereafter. On
February 12, 2015, however, Mr. Hubert filed an ...