Poncetti v. First Lake Properties, Inc.
Annotate this CaseIn 2008, Plaintiff Tanya Lato Ponceti, and her seven-year-old daughter, Kaitlynn, lived in The Woodlands, an apartment complex in Mandeville, Louisiana owned by First Lake Properties, Inc. While Kaitlynn was riding her self-propelled scooter in the courtyard of the apartment complex, an unidentified teenager on a bicycle "popped a wheelie," and ultimately lost control of his bicycle. The bicycle then landed on Kaitlynn's leg, causing her injury. As a result, Plaintiff, individually and on behalf of Kaitlynn, filed suit against First Lake. Plaintiff alleged First Lake was negligent in allowing persons to ride bicycles on the sidewalks of the apartment complex, in violation of a Mandeville City Ordinance. The issue before the Supreme Court was whether First Lake was entitled to summary judgment, on the ground it had no duty to protect residents from injury resulting from persons riding bicycles on the sidewalks of the complex. Upon review of the record, the Supreme Court concluded that the owner had no duty to plaintiffs and therefore granted summary judgment in its favor.
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