190 So. 3d 408
La. Ct. App.2016Background
- On Aug. 29, 2003, Emanuel Bridgewater alleges an RTA bus ran up onto the neutral ground at Washington Ave. & S. Dorgenois and ran over his right arm and right leg while he reclined there, causing fractures and permanent disability.
- Bystander Joe Myles called 911; EMS and NOPD Officer Roger (Rogers/Smith in record) responded. Bridgewater was taken to Charity Hospital; records show blood alcohol 0.132 (measured ~4 hours after incident).
- Bridgewater sued RTA, Transit Management of Southeast Louisiana (TMSEL), and the City of New Orleans asserting (1) negligence/strict liability for the bus striking him, (2) joint/partnership liability, (3) City liability for failure to post warning signs and maintain the neutral ground, and (4) alleged police investigation failures.
- City moved for summary judgment (granted Oct. 10, 2014). RTA moved for summary judgment on liability (granted May 18, 2015). Trial court found the City lacked custody/control of the RTA and had no duty to post signs; Officer complied with investigation duties. Trial court found RTA met its burden via an expert opinion that it was "medically and physically impossible" Bridgewater was run over by a bus.
- On appeal the court affirmed the City’s summary judgment but reversed the RTA’s summary judgment, holding material factual disputes exist (notably: medical records showing leg fractures that the RTA expert omitted), and remanded for trial. RTA’s request for appellate sanctions was denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| City liability under art. 2317 / La. R.S. 9:2800 (custody/control) | City and RTA/TMSEL were "partners" running bus operations; City therefore had custody/control and is liable. | RTA created by statute has custody/control of transit system; City had no control over RTA/TMSEL, so not liable. | Held for City: no genuine issue that City had custody/control of the buses; affirm summary judgment for City. |
| City duty to warn / maintain neutral ground (negligence / duty-risk) | City had duty to post signs and maintain neutral ground; overgrowth obscured Bridgewater and contributed to injury. | No statutory/jurisprudential duty to warn of a bus leaving the road; danger was open and obvious; no evidence City had custody/control of that neutral ground or notice of defect. | Held for City: no duty to post warning signs; hazard was open and obvious and no proof of City's notice/control; affirm. |
| Adequacy of police accident investigation (La. R.S. 32:398 D) | Officer failed to properly investigate and question Bridgewater, impairing civil claim. | Officer complied with statutory duties (identify parties, prepare report); investigation was adequate. | Held for City: officer met statutory duties; no error. |
| RTA liability / causation (was Bridgewater run over by a bus?) | Bridgewater: injuries and contemporaneous reports support bus-caused injuries; medical records show fractures; credibility questions for expert. | RTA: Dr. Aiken opined it was medically impossible a bus ran over him; Bridgewater was intoxicated and not credible; summary judgment appropriate. | Reversed as to RTA: genuine factual dispute exists (medical records showing leg fractures contradicted/omitted by RTA expert); credibility and expert conflict require trial. |
Key Cases Cited
- Hayes v. Sheraton Operating Corp., 156 So.3d 1193 (La. App. 4th Cir. 2014) (summary judgment standard and de novo review)
- Hines v. Garrett, 876 So.2d 764 (La. 2004) (purpose of summary judgment and trial necessity)
- Jones v. Hawkins, 731 So.2d 216 (La. 1999) (elements required to recover against a political subdivision under La. R.S. 9:2800/Art. 2317)
- Petre v. State ex rel. Dept. of Transp. and Development, 817 So.2d 1107 (La. 2002) (application of La. R.S. 9:2800 to limit public entity strict liability)
- Jones v. Estate of Santiago, 870 So.2d 1002 (La. 2004) (summary judgment appropriate when plaintiff’s testimony is conclusory and physical evidence is uncontroverted)
- Independent Fire Ins. Co. v. Sunbeam Corp., 755 So.2d 226 (La. 2000) (credibility and evaluation of expert testimony are for the trier of fact)