BERCY v. 337 BROOKLYN LLC (2021)

Writ application denied.

I would grant defendant's writ application, reverse the court of appeal, and reinstate the district court's ruling. In my view, the expert testimony presented by plaintiff did not establish a genuine issue of material fact as to whether the variance in stair height created an unreasonable risk of harm. See Chambers v. Village of Moreauville, 11-898 (La. 1/24/12), 85 So.3d 593 (holding a 1 1/212 inch deviation in a sidewalk did not present an unreasonable risk of harm as it was relatively small). Accordingly, I would grant to reinstate the district court grant of summary judgment in favor of defendant.

Crichton, J., would grant and assigns reasons. Crain, J., would grant. McCallum, J., would grant.