Opinion
No. 2021-C-00564
06-22-2021
Gerald BERCY v. 337 BROOKLYN, LLC
Writ application denied.
Crichton, J., would grant and assigns reasons.
Crain, J., would grant.
McCallum, J., would grant.
Crichton, J., would grant and assigns reasons:
I would grant defendant's writ application, reverse the court of appeal, and reinstate the district court's ruling. In my view, the expert testimony presented by plaintiff did not establish a genuine issue of material fact as to whether the variance in stair height created an unreasonable risk of harm. See Chambers v. Village of Moreauville , 11-898 (La. 1/24/12), 85 So.3d 593 (holding a 1 ½ inch deviation in a sidewalk did not present an unreasonable risk of harm as it was relatively small). Accordingly, I would grant to reinstate the district court grant of summary judgment in favor of defendant.