# Straley v. Calongne Drayage & Storage, Inc.

> Louisiana Court of Appeal · August 31, 1976 · 337 So. 2d 887

URL: https://www.frixlaw.com/law-library/cases/7480198

## Case

- **Full name:** Philip Glenn STRALEY v. CALONGNE DRAYAGE & STORAGE, INC.
- **Court:** Louisiana Court of Appeal
- **Decided:** August 31, 1976
- **Citations:** 337 So. 2d 887; 1976 La. App. LEXIS 3422
- **Precedential status:** Published
- **Opinion:** Dissent by Redmann
- **Judges:** Gulotta, Lem, Lemmon, Mon, Redmann, Samuel, Stoulig
- **Cited by:** 3 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7480198

## Opinion text

REDMANN, Judge
(dissenting).
The mangled arm of plaintiff can only have been struck by the top beam of the falling elevator. Defendant building owner — the designer and manufacturer of the elevator, which had a “vice in its original construction,” C.C. 2322 — “knew” of the defects within R.S. 9:3221, and therefore cannot escape liability by having the employer-lessee assume it. This jack-leg, erector-set elevator was a menace, and fell to “ruin” within C.C. 2322; Adamson v. Westinghouse Elec. Corp., La.App.1970, 236 So.2d 556 .
Contributory negligence is not a defense to the strict liability imposed on the owner by C.C. 2322.
(Furthermore, it is doubtful that plaintiff, a 19-year-old, can fairly be held con-tributorily negligent. The reasonably prudent 19-year-old would not have foreseen the danger resulting from his actions.)
We should affirm on liability and decide the quantum question.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7480198. Public record. Not legal advice.