247 So. 3d 948
La. Ct. App.2018Background
- On October 10, 2012 Patricia Bowen was injured while exiting an elevator at Earl K. Long Medical Center (EKL); she sued EKL (State/Board), elevator maintainer Stratos Elevator, and Stratos' insurer; Sentry (workers' comp subrogee) intervened.
- Bowen alleged the elevator dropped then abruptly rose as she exited, causing serious injury; she claimed negligent maintenance and failure to provide a safe environment.
- Stratos had a maintenance contract and produced an affidavit saying it inspected/serviced elevator #1 on Sept. 25 and Oct. 3, 2012 (both times operating properly) and inspected post-accident with no defect found; state inspectors had found the elevator operating properly on July 5, 2012.
- Experts for Bowen (Buisson and George) opined the elevator malfunctioned, cited machine-room heat, age-related contact failures, and a history of service logs noting prior problems; Buisson asserted EKL knew of heat problems affecting safety.
- Trial court granted summary judgment to both Stratos and EKL (March 8, 2017); Bowen and Sentry appealed, challenging notice, custody/control, discovery/spoliation, and admissibility/exclusion issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Stratos liability (maintenance negligence / garde) | Stratos failed to properly maintain elevators; service records and expert opinions show recurring problems and heat-related malfunction risk | Stratos had a contract, performed routine maintenance shortly before accident, state inspections found elevator operating, and it lacked ownership/exclusive garde | Summary judgment for Stratos affirmed: no evidence of ownership/exclusive garde and no proof Stratos breached reasonable-care duty |
| EKL liability (notice of defective thing under La. C.C. art. 2322 / La. R.S. 9:2800) | EKL knew or should have known of defect due to machine-room heat, age, service logs, and prior incidents; Buisson opined EKL was aware | EKL submitted affidavit that complaints were forwarded to Stratos and EKL received no notice of the specific defect; recent maintenance showed proper operation | Summary judgment for EKL affirmed: plaintiff failed to produce sufficient factual proof EKL knew or should have known of the defect |
| Discovery delay / spoliation / failure to preserve records | EKL failed to comply with discovery, did not preserve records (public records retention), and withheld witnesses/address info | EKL provided last-known contact information; no proof of intentional destruction; plaintiff had adequate time/opportunity to pursue discovery | Denied: court found plaintiff had adequate discovery opportunities and no proof of intentional spoliation |
| Admissibility of expert affidavits / La. C.C.P. art. 1425(F) compliance | Two expert affidavits created genuine issues of material fact; pretrial expert qualification required | Trial court reviewed and considered the expert reports and denied motions to strike | Moot/affirmed: trial court considered experts; however experts’ opinions did not create sufficient fact issue on EKL notice (Buisson’s knowledge opinion deemed a legal conclusion) |
Key Cases Cited
- LeBlanc v. Bouchereau Oil Co., Inc., 15 So.3d 152 (La. App. 1 Cir.) (summary judgment burden-shifting explanation)
- Hines v. Garrett, 876 So.2d 764 (La.) (role of court on summary judgment / genuine issue definition)
- Willis v. Medders, 775 So.2d 1049 (La.) (inferences construed for nonmovant)
- Reynolds v. Bordelon, 172 So.3d 607 (La.) (de novo appellate review standard for summary judgment)
- Broussard v. State ex rel. Office of State Bldgs., 113 So.3d 175 (La.) (public-entity liability under La. R.S. 9:2800 / article 2322 elements)
- King v. Home Depot U.S.A., Inc., 729 So.2d 1149 (La. App. 1 Cir.) (maintenance contractor duty when not owner or exclusive garde)
- Simoneaux v. E.I. du Pont de Nemours & Co., Inc., 483 So.2d 908 (La.) (no absolute right to delay summary judgment for additional discovery)
- Clavier v. Our Lady of the Lake Hosp. Inc., 112 So.3d 881 (La. App. 1 Cir.) (definition/standard for spoliation of evidence)