Gerry Susan Khoder and Ibrahim Khoder v. Zhou Jian-Ping and Al Sultan Greek and Lebanese Restaurant, LLC

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

GERRY SUSAN KHODER AND NO. 2022 CW 0236
IBRAHIM KHODER

VERSUS

ZHCU JIAN PING AND AL SULTAN
GREEK AND LEBANESE
RESTAURANT, LLC OCTOBER 21, 2022

In Re: Zhou Jian Ping and Jefferson View Shopping Center of

Baton Rouge, LLC, applying for supervisory writs, 19th
Judicial District Court, Parish of East Baton Rouge,
No. 657386.

BEFORE: McCLENDON, WELCH, AND THERIOT, JJ.

WRIT DENIED.
MRT

JEW

McClendon, J., dissents. Plaintiffs seek to impose
liability against defendants under La. Civ. Code art. 231-7. 1,
based on their ownership of the property where plaintiff' s

accident occurred. For
liability to Civ. attach under La. Code
art. 2317. 1, a plaintiff has the burden of proving that: ( 1) the

property that caused the damage was in the garde or legal

custody of the defendant; E2) the property had a condition that

created an unreasonable risk of harm to persons on the premises;
3) the unreasonably dangerous condition was a cause in fact of

the resulting injury; and ( 4) the defendant had actual or

constructive knowledge of the risk. Liability does not attach

unless all of those elements are proven. Ordeneaux v. Arkel
Food Servs., L. L. C., 2020- 1312 ( La. App. 1st Cir. 6/ 04/ 21), 327

So. 3d 521, 527- 28, writ denied, 2021- 00967 ( La. 10/ 19/ 21), 326
So. 3d 264. Defendants submitted evidence demonstrating the

property was not in their legal custody and they had no actual

or constructive knowledge of the alleged defective condition of

the floor. The burden then shifted to plaintiffs to produce

factual support sufficient to establish the existence of genuine
issues of material fact regarding those elements. La. Code Civ.
P. art. 966( D) ( 1) . On de novo review, I find plaintiffs failed
to carry their burden and defendants are entitled to judgment as
a matter of law.

COURT OF APPEAL, FIRST CIRCUIT

E, CLERK OF COURT

FOR THE COURT