Legal Opinion
Smith v. McGittigan
Louisiana Court of Appeal
Decided October 10, 1979No. 10337PublishedCited by 1 opinion
1Opinion of the Court
BEER, Judge.
Orastine Smith, a tenant, sued McGitti-gan and Palmisano, her landlords, for injuries sustained when the porch gave way as she approached her front door. Pleas of contributory negligence and assumption of risk were advanced by the defendant-appellants. The trial court awarded damages precipitating this appeal.
*599Contributory negligence is a valid defense in instances where a tenant foolhardily undertakes to negotiate an “apparently and imminently dangerous” situation.
In this regard, appellants rely on Redd v. Sokoloski, 2 So.2d 266 (La.App. 2d Cir. 1941), which affirmed a trial court…
2Cases cited4 opinions
- Wilson v. VirgademoLouisiana Court of Appeal · 1972
- Redd v. SokoloskiLouisiana Court of Appeal · 1941
- Anderson v. SciambraLouisiana Court of Appeal · 1975
- Revon v. American Guarantee & Liability Ins. Co.Louisiana Court of Appeal · 1974
3Cited by1 opinion
- Austin v. Cambridge Mutual Fire Insurance Co. of AndoverLouisiana Court of Appeal · 1986