DAY v. CASTILOW

No. 12309.

407 So.2d 510 (1981)

Linda DAY v. Maxie CASTILOW et al.

Court of Appeal of Louisiana, Fourth Circuit.

November 30, 1981.


Attorney(s) appearing for the Case

Gerald E. Meunier, Kierr, Gainsburgh, Benjamin, Fallon & Lewis, New Orleans, for Linda Day.

Steven B. Witman, Johnston & Duplass, New Orleans, for defendant Robert Van Langendonck.

Joseph W. Rausch, Edward N. George, III, Stassi & Rausch, New Orleans, for defendants Maxie Castilow et al.

Before REDMANN, SCHOTT and KLEES, JJ.


REDMANN, Judge.

On this appeal from a summary judgment, the question is whether, as a matter of law, a lessor is not liable for violence against the lessee of one of two first-floor apartments by an intruder who hid in the unlockable, other first-floor apartment, after gaining access to the side patio through a gate whose lock was defective. The facts appear to be that the lessor knew of the undependability of the gate lock, and the lessor herself kept the vacant...

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