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405 So. 2d 1124

Lopez v. Sears, Roebuck & Co.

Louisiana Court of Appeal

Decided October 8, 1981

Louisiana Court of Appeal · decided 1981-10-08

Cited by 2 later decisions — most recently February 1986

2 state decisions

Key passage — most relied on by later courts

“the saw was not an appurtenance to appellee's building”

quoted by 1 later decision, including 484 So. 2d 726 - Willis v. Cajun Elec. Power Co-Op., Inc.

Relies on 365 So. 2d 1285 - Olsen v. Shell Oil Co. · Cothern v. LaRocca · 371 So. 2d 370 - Boudoin v. Schwegmann Bros. Giant Supermarket

Good law ✅— No negative treatment on recordhow we know

Decided 1981-10-08

View the full empirical analysis of this case →

SCHOTT, Judge.

¶1This appeal is from the granting of a motion for summary judgment dismissing plaintiff’s case against Guy Lowe, Jr. and his insurer, Affiliated F & M Insurance Company. Other defendants are not involved in this appeal. The issue is whether the owner of a shopping center is liable to plaintiff under LSA-C.C. Art. 2322 for an injury sustained by plaintiff while he was using an allegedly defective electric saw owned by his employer and brought on the premises in connection with construction work being performed by plaintiff and his employer.

¶2Art. 2322 makes the owner strictly liable for damage resulting from defects in the building, including appurtenances to the building. Olsen v. Shell Oil Co., 365 So.2d 1285 (La.1978), Cothern v. LaRocca, 255 La. 673, 232 So.2d 473 (1970), Boudoin v. Sehwegmann Bros. Giant Supermarket, 371 So.2d 370 (La.App. 4th Cir. 1979), Fontenot v. Sarver, 183 So.2d 75 (La.App. 3rd Cir. 1966).

¶3Since the saw was not an appurtenance to appellee’s building these cases and the article are not applicable and the judgment appealed from is affirmed.

¶4AFFIRMED.

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