Benson v. State, 124 So. 3d 544

Benson and wife sued ULM and related state entities after Douglas Benson’s seat collapsed at the Fant-Ewing Coliseum during a 2005 graduation ceremony.
The Coliseum seating consists of 7,000 fold-down seats installed in 1970 and used for about 50 events per year; many seats had been removed due to defects.
Plaintiffs argued ULM had constructive notice of the defective seat because the seat was ancient (about 35 years), many seats had broken, and no formal inspection policy existed.
The district court granted summary judgment for defendants, finding no actual or constructive notice; it denied plaintiffs’ partial summary judgment.
The court of appeal reversed in part, held there was a genuine issue of material fact on constructive notice, and remanded for further proceedings.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether ULM had constructive notice of the defect	Benson argued the seat’s age, prior breakages, and lack of inspection show constructive notice.	ULM contends there was no factual basis for constructive notice; no prior inspection or knowledge of a defect.	Yes, genuine issue of material fact on constructive notice; reversal and remand.

Jones v. Hawkins, 731 So.2d 216 (La. 1999) (elements for public-entity liability under 9:2800; causation required)
Ricks v. City of Shreveport, 968 So.2d 863 (La.App.2d Cir. 2007) (public-entity notice and failure to act required for liability)
Breitling v. Shreveport, 12 So.3d 457 (La.App.2d Cir. 2009) (summary-judgment bar when essential elements disputed in public-entity claims)
Saulny v. Tricou House, L.L.C., 839 So.2d 392 (La.App.4th Cir. 2003) (constructive notice where owner aware of other defective seats)
Argonaut Great Central Ins. Co. v. Hammett, 13 So.3d 1209 (La.App.2d Cir. 2009) (summary-judgment standards and burden on movant in negligence actions)
Whitaker v. City of Bossier City, 813 So.2d 1269 (La.App.2d Cir. 2002) (de novo standard of review for appellate summary-judgment determinations)