Supreme Court of Louisiana, 2001

Driscoll v. Provenzano

Supreme Court of Louisiana · Decided June 1, 2001 · Calogero

793 So. 2d 201 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

Montecino v. Bunge Corp., Inc. (La. Ct. App. 2005)
Barnes v. Riverwood Apartments Partnership (La. Ct. App. 2004)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

In re Driscoll, Donald; — Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of Jefferson, 24th Judicial District Court Div. I, No. 536-171; to the Court of Appeal, Fifth Circuit, No. 00-CA-1156.

Denied.

Concurring Opinion

CALOGERO, C.J.,

concurs. I agree with the implicit reasoning of the court of appeal that La.Civ. code art. 2317.1 does not impinge upon the lessee’s cause of action in strict Lability against the lessor under La.Civ.Code art. 2695. However, I also agree with the court of appeal that the trial court’s failure to instruct the jury *202under Article 2695 did not constitute reversible error in this case, because the jury found upon sufficient evidence that the plaintiff had failed to prove that any defect in the premises was a cause-in-fact of his injuries.

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