Allen v. Lockwood
156 So. 3d 650
La.2015Background
- Accident in an unpaved, grassy parking area at Wesley Chapel United Methodist Church: plaintiff struck by a reversing vehicle after services.
- Plaintiff sued the church and insurer, alleging defects in parking design, markings, and safety measures caused the injury.
- Church defendants moved for summary judgment, submitting plaintiff’s deposition (she could not identify what church did wrong), a long-time congregant affidavit stating the parking area was used for decades without incident, and photos of the site.
- Plaintiff opposed but produced no evidentiary support (no affidavits, expert proof, or discovery) to rebut defendants’ showing.
- District court denied summary judgment as “thin,” and the court of appeal affirmed denial, citing Broussard.
- Supreme Court granted writ, clarified Broussard does not bar summary judgment where plaintiff fails to produce evidence of unreasonable risk, and reversed—granting summary judgment for the church defendants.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the unpaved grassy parking area presented an unreasonable risk of harm | Parking area was defectively designed/marked and lacked safety measures, causing the accident | Parking condition was obvious, used safely for decades, and plaintiff offered no factual support tying the condition to the accident | Defendants entitled to summary judgment; no genuine issue of material fact on unreasonable risk because plaintiff produced no evidence |
| Whether Broussard precludes summary judgment on unreasonable-risk issues | (implicit) Broussard makes unreasonable-risk a mixed question for fact-finder | Broussard applies to trials, not to preclude summary judgment when plaintiff has no evidence | Broussard does not bar summary judgment; trial-worthy only if plaintiff produces factual evidence creating a genuine issue |
| Burden on summary judgment when defendant shows lack of evidence | Plaintiff can rely on general allegations at summary judgment | Once defendant points to lack of factual support, plaintiff must produce competent evidence (affidavit, deposition, discovery) to create a genuine issue | Burden shifts to plaintiff to present evidence; absence of such evidence requires granting summary judgment |
Key Cases Cited
- Broussard v. State Ex Rel. Office of State Buildings, 113 So.3d 175 (La. 2013) (distinguishes duty-versus-breach analysis and explains jury’s role in weighing unreasonable-risk facts at trial)
- Reagan v. Recreation and Park Com’n for Parish of East Baton Rouge, 135 So.3d 1175 (La. 2014) (discusses summary judgment posture in premises-liability contexts)
- Brewer v. J.B. Hunt Transp., Inc., 35 So.3d 230 (La. 2010) (explains legal distinction: duty is for judge; breach is for fact-finder)
- Mundy v. Department of Health and Human Resources, 620 So.2d 811 (La. 1993) (same law/fact division on duty and breach)