JOYNER v. AETNA CASUALTY & SURETY COMPANY

No. 50952.

251 So.2d 166 (1971)

259 La. 660

Charles W. JOYNER, Plaintiff-Appellee-Respondent, v. AETNA CASUALTY & SURETY COMPANY. Arthur W. BECK, Jr. and United States Fire Insurance Company, Defendants-Third-Party Plaintiffs, Appellants-Relators, v. WEDGEWOOD PARK CONSTRUCTION CO., Morehead Pools, Ltd., et al., Third-Party Defendants, Appellees-Respondents.

Supreme Court of Louisiana.

Rehearing Denied August 12, 1971.


Attorney(s) appearing for the Case

Lunn, Irion, Switzer, Johnson & Salley, Richard H. Switzer, Shreveport, for defendants-relators.

Cook, Clark, Egan, Yancey & King, Sidney E. Cook, Johnston, Johnston & Thornton, James J. Thornton, Jr., Blanchard, Walker, O'Quin & Roberts, Wilton H. Williams, Jr., Mayer & Smith, Alex F. Smith, Jr., Bodenheimer, Jones, Klotz & Simmons, G. M. Bodenheimer, Jr., Shreveport, for defendants-respondents.


TATE, Justice.

The determinative issue before us concerns the liability of a contractor to an owner for a premise defect which develops shortly after the construction contract is completed; more particularly, the burden upon either or both of these parties to prove whether such a defect resulted from a construction fault (for which the contractor is liable to the owner), or instead from misuse after completion of the contract and delivery of the premises to the owner...

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