Driscoll v. Provenzano, 793 So. 2d 201 (La. 2001). · Go Syfert
Driscoll v. Provenzano, 793 So. 2d 201 (La. 2001). Cases Citing This Book View Copy Cite
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Donald DRISCOLL
v.
Joseph PROVENZANO and ABC Insurance Company
No. 2001-C-1115.
Supreme Court of Louisiana.
Jun 1, 2001.
Published opinion
793 So. 2d 201
2001 WL 686684
Calogero.
Cited by 2 opinions  |  Published

Lead Opinion

In re Driscoll, Donald; — Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of Jefferson, 24th Judicial District Court Div. I, No. 536-171; to the Court of Appeal, Fifth Circuit, No. 00-CA-1156.

Denied.

Concurrence

CALOGERO, C.J.,

concurs. I agree with the implicit reasoning of the court of appeal that La.Civ. code art. 2317.1 does not impinge upon the lessee’s cause of action in strict Lability against the lessor under La.Civ.Code art. 2695. However, I also agree with the court of appeal that the trial court’s failure to instruct the jury[*202] under Article 2695 did not constitute reversible error in this case, because the jury found upon sufficient evidence that the plaintiff had failed to prove that any defect in the premises was a cause-in-fact of his injuries.