Legal Opinion

Biggs v. Cancienne

Louisiana Court of Appeal

Decided September 21, 2012No. 2012 CA 0187PublishedCited by 4 opinions

1Opinion of the CourtGaidry, J.

12This appeal is from a summary judgment dismissing the claims of a lessee in her suit for damages caused by a defect in the leased premises. We reverse.

FACTS AND PROCEDURAL HISTORY

On September 1, 2008, at the time Hurricane Gustav passed over the Baton Rouge area, Angelia Biggs was living in an apartment located in Baker, Louisiana, which was owned by Kathy Cancienne. The parties’ lease agreement contained the following waiver:

NON-LIABILITY OF LANDLORD—

Tenant agrees that Landlord shall not be liable for injury or damage to person *8or property of Tenant, his family, guests, employees or…

Also in this document: Concurrence.

2Cases cited7 opinions

  1. Sanders v. Ashland Oil, Inc.Louisiana Court of Appeal · 1997
  2. Walker v. Phi Beta Sigma Fraternity (Rho Chapter)Louisiana Court of Appeal · 1997
  3. Fernandez v. HebertLouisiana Court of Appeal · 2007
  4. Anglin v. AnglinLouisiana Court of Appeal · 2006
  5. DeStevens v. Harsco Corp.Louisiana Court of Appeal · 1995

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3Cited by4 opinions

  1. Louisiana State University System Research & Technology Foundation v. Qyntessa Biologics, L.L.C.Louisiana Court of Appeal · 2014
  2. Montgomery v. Garry Lewis Props.Louisiana Court of Appeal · 2018
  3. Kayla M. Neville Versus John W. Redmann, Law Office of John W. Redmann, LLC, and Xyz Insurance CompanyLouisiana Court of Appeal · 2022
  4. Sharp v. Morgan CityLouisiana Court of Appeal · 2017

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