August 28th, 2018

US Court of Appeals for the Fifth Circuit Opinions
Renwick v. P N K Lake Charles, LLC

Docket: 17-30767
Opinion Date: August 27, 2018
Judge: Stuart Kyle Duncan
Areas of Law: Personal Injury

After plaintiff was injured when he fell off a defective ladder between a casino vessel and hotel owned by PNK, he filed suit against PNK for damages under Louisiana law. The Fifth Circuit reversed the district court's grant of summary judgment to PNK and held that genuine fact issues exist as to whether PNK may be liable for plaintiff's injuries. The court held that a reasonable fact finder could conclude that PNK expressly or impliedly authorized the particular manner which rendered the work unsafe. The court also held that plaintiff's possible negligence before using the defective ladder could be taken into account, not as a complete bar to recovery via summary judgment, but rather through comparative fault principles. Furthermore, there were genuine issues as to whether the risk posed by the defective ladder was unreasonable under Louisiana law. The court rejected PNK's alternative argument and remanded for further proceedings.

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