William Vance v. International House Of Pancakes, Llc

Supreme Court of Louisiana
February 17, 2021
Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
WILLIAM VANCE
VS.
INTERNATIONAL HOUSE OF PANCAKES,
LLC
No.2020-C-01373
_ _
_ _ _ _
I
N RE: International House of Pancakes, LLC - Applicant Defendant; Applying For
Writ Of Certiorari, Parish of Natchitoches, 10th Judicial District Court Number(s)
90,372-B, Court of Appeal, Third Circuit, Number(s) 20-33;
_ _ _ _ _ _
February 17, 2021
Writ application granted. See per curiam.
Hughes, J., would deny.
Genovese, J., would deny.
Crain, J., additionally concurs and assigns reasons.
PDG
JLW
SJC
JBM
02/17/2021 "See News Release 007 for any Concurrences and/or Dissents."

02/17/21
S
UPREME COURT OF LOUISIANA
No
. 2020-C-01373
W
ILLIAM VANCE
VS
.
I
NTERNATIONAL HOUSE OF PANCAKES, LLC
ON
WRIT OF CERTIORARI TO THE COURT OF APPEAL, THIRD
CIRCUIT, PARISH OF NATCHITOCHES
PE
R CURIAM
G
ranted. Confirmation of a default judgment requires “proof of the demand
sufficient to establish a prima facie case.” La. C.C.P. art. 1702(A). A prima facie
case is established when the plaintiff proves the essential allegations of the petition,
with competent evidence, to the same extent as if the allegations had been
specifically denied. Power Mktg. Direct, Inc. v. Foster, 05 -2023 (La. 9/6/06), 938
So. 2d 662, 670. In this case, plaintiff alleged he was injured after a slip and fall
accident in the bathr oom of the IHOP restaurant in Natchitoches, Louisiana.
Although plaintiff alleged in his petition that defendant, International House of
Pancakes, LLC, had care, custody, control, and guard over the bathroom as “owner
and manager” of the restaurant, he off ered no evidence proving defendant’s
ownership, management, control, or other responsibility for the condition of that
particular restaurant premises. Finding plaintiff failed to present sufficient proof to
establish a prima facie case that the named defendant is liable for his injuries under
La. R.S. 9:28 00.6, we vacate the default judgment and remand the matter to the
district court for further proceedings.