Learson v. Bussey
Learson v. Bussey
Opinion of the Court
Plaintiff, Michael Learson, appeals the dismissal of his suit against the Estate of Louis Rosenson (Rosenson) on an exception of no cause of action. We reverse.
Plaintiffs petition alleges that on December 29, 1994, the residence located at 1725 General Taylor Street in New Orleans was sold by the Estate of Louis Rosenson
Plaintiff claims that the cause of his fall was the dangerous, weak, rotted and defective wooden step which was insufficient and unfit for its intended purpose. He claims that Rosenson performed certain cosmetic repair work in order to sell the property. Included in this repair work was the painting of the wooden porch and steps. Plaintiff claims that Rosenson knew or should have known that the wooden step was dangerous, weak, rotted and defective and needed to be replaced rather than merely being painted. Plaintiff asserts that the steps | zwere painted to give the impression that they were fresh, new, safe and strong. His allegations are that Rosenson had either actual or constructive notice of the presence of this hazardous condition and was negligent in failing to repair it or to post warnings. Plaintiff claims that this hazardous condition was not disclosed prior to the sale.
The trial court maintained Rosenson’s exception of no cause of action and dismissed plaintiffs claim against that defendant.
If the former owners, prior to their sale of the property, knew of a defective condition and concealed the problem by merely painting over them, rather than repairing or at least advising of their condition, then they may be responsible for plaintiffs injuries. The subsequent sale of the property, as a matter of law, does not automatically absolve the former owner of their negligent acts. At the very least, the former owner has a duty to advise or make the new|3owner aware of conditions which could pose a danger to others. It is reasonable to associate that duty with the possibility that someone may be injured by the dangerous condition. Thus, despite defendants argument to the contrary, where a defective thing is involved, not only can its owner be responsible for damages, but also the party who actually created the risk whether or not he is the owner. Williams v. City of Monroe, 27,065, 27,066 (La.App. 2nd Cir. 7/3/95), 658 So.2d 820, writ denied, 95-1998 (La.12/15/95), 664 So.2d 451 and 95-2017 (La. 12/15/95), 664 So.2d 452.
For the reasons assigned, the trial court judgment is reversed and the matter is remanded for further proceedings.
REVERSED AND REMANDED.
. Plaintiff also sued the current owner, Bussey, in negligence and strict liability.
Reference
- Full Case Name
- Michael LEARSON v. Chuck BUSSEY, Neighborhood Restorations, Inc.
- Cited By
- 2 cases
- Status
- Published