James J. Reeves II

Partner with Melchiode Marks King.

Reported Decisions/Slip Opinions:

10.10.14

Reeves Prevails in Fifth Circuit Writ Application:

Reeves recently prevailed on a writ application for denial of summary judgment in the Leola Isaac v. Lapalco Court Apartments., et al. matter, Fifth Circuit Case No. 2014-C-746. In Isaac, the plaintiff alleged that the apartment complex, Lapalco Court (represented by Reeves) was strictly liable for a defective toilet that clogged in the unit above the plaintiff's unit.  The clog caused water to overflow into the plaintiff's apartment, and the plaintiff slipped and fell on this water.  Reeves moved for summary judgment on the basis that the record did not contain evidence that a defect in the toilet caused this incident, only the neighbor's clogging it with toilet paper and; (2) the neighbor's independent actions in clogging his toilet did not impose liability upon Lapalco Court. The trial court denied summary judgment, and Reeves sought a writ application from the Fifth Circuit Court of Appeals. The Court of Appeals agreed and reversed the denial of summary judgment, granting summary judgment and dismissing Lapalco from the lawsuit.