Robin Commons Dunford

Practice Details

• Firm Information
  Position

  Counsel

  Firm Name

  Litchfield Cavo LLP
• Representative Cases & Transactions
  Cases

  Reported Case: Bufkin v. Felipe's Louisiana, LLC, 2014-0288 (La. 10/15/14), 171 So.3d 851.
  Robin was the principal architect
  drafter of a motion for summary judgment,
  the subsequent writ applications, in a case involving an open
  obvious hazard. Previously, the Louisiana Supreme Court virtually obliterated application of the open
  obvious defense in summary judgment practice.
  Due to this challenge in the existing state of the law, the briefing on behalf of the Defendant Insured instead framed the argument as one of no legal duty. Although the District Court denied the original motion, the Louisiana Supreme Court ultimately accepted the application for writ of certiorari.
  Following additional briefing
  oral argument, the Supreme Court reversed the District Court, rendering judgment in favor of the Defendant Insured
  dismissing it with prejudice from the case.
  In this (now frequently cited) case, the Court noted that its prior jurisprudence should not be construed as precluding summary judgment when no legal duty is owed because the condition encountered is obvious
  apparent to all
  not unreasonably dangerous.