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Perrin v. Randy Tupper Homes

21 So. 3d 474 (2009)

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Perrin v. Randy Tupper Homes

Louisiana Court of Appeal

21 So. 3d 474 (2009)

Facts

Hunter and Mary Perrin (plaintiffs) were interested in buying a home in Lake Charles, Louisiana. The Perrins drove into a new housing development in which there were a number of new homes and townhomes in various stages of construction. The Perrins noticed a townhome that appeared to be near completion and that had a sign on it advertising the builder as Tupper Homes (defendant), including contact names and a telephone number. There were no signs or notices posted on the townhouse itself or the property that prohibited entry onto the property. The Perrins were interested in the townhouse and approached it via a makeshift walkway made out of wooden pallets. Mary Perrin fell on the walkway and injured her shoulder. The Perrins sued Tupper Homes and its insurance carrier for personal-injury damages arising from the fall. Tupper Homes alleged that the Perrins were committing criminal trespass on the property when Mary fell and that the Perrins were therefore not entitled to make a claim against Tupper Homes. The trial court granted Tupper Homes’ motion for summary judgment, dismissing the Perrins’ claim. The Perrins appealed.

Rule of Law

Issue

Holding and Reasoning (Cooks, J.)

Dissent (Amy, J.)

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