164 So. 3d 408
La. Ct. App.2015Background
- Reba Campbell slipped on a black/green "slime" (mildew) on the sidewalk outside the Evangeline Parish Medicaid Office and sued the building owner (Evangeline Parish Police Jury) and lessee (State, Dept. of Health & Hospitals).
- Lease placed responsibility for building/site maintenance on the Police Jury and contained an indemnity clause requiring the Police Jury to indemnify the State for damages resulting from the Police Jury’s negligence; it also required written notice from the Lessee for many repairs and a 30-day cure period.
- The State pleaded that indemnity applied and filed a cross-claim against the Police Jury; plaintiffs sought a declaratory judgment on which party was liable under the lease.
- At a bench proceeding the trial court found the State liable to Campbell because State employees had not notified the Police Jury about the specific defect and the State failed to take sufficient steps to protect patrons; the Police Jury was dismissed orally.
- On appeal, the court affirmed the judgment that the State (lessee) was liable, but reversed the dismissal of the Police Jury because the dismissal (a form of relief) was not properly requested or noticed in the declaratory-judgment proceeding; case remanded for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the lease’s indemnity/maintenance clause makes the Police Jury liable for Campbell’s injuries | Police (plaintiffs) argued the lessee (State) had not assumed maintenance responsibility; Police Jury responsible per lease | State argued indemnity applies because Police Jury was charged with maintaining sidewalks and should be liable for damages from that negligence | Held: Indemnity not triggered — State did not notify Police Jury of this particular defect; Police Jury lacked notice and was not shown negligent maintenance |
| Whether the State was liable for the slip-and-fall under La.R.S. 9:2800 standards | Campbell: State had custody/constructive notice of mildew condition and failed to remedy within reasonable time | State: Lack of actual notice; expert testing showed slip-resistance; State argued dismissal warranted | Held: Trial court’s factual findings affirmed — evidence supported that defect developed over time, was remediable, and State failed to ensure patron safety; State liable |
| Whether trial court erred in denying State’s motion for involuntary dismissal at close of plaintiff’s case | State argued plaintiffs failed to prove right to relief | Plaintiffs argued sufficient evidence was presented to support liability | Held: Denial upheld — no manifest error in trial court’s factual findings; dismissal was properly denied |
| Whether trial court properly dismissed the Police Jury during/declaratory-judgment hearing | Plaintiffs/Police Jury sought dismissal (oral) after hearing | State argued dismissal was improper because it exceeded declaratory relief and no reasonable notice or opportunity to respond was given | Held: Dismissal reversed — trial court improperly granted relief (dismissal) without notice and without following Article 1878 procedures; remand required |
Key Cases Cited
- Clovelly Oil Co., LLC v. Midstates Petroleum Co., LLC, 112 So.3d 187 (La. 2013) (contracts are interpreted to determine parties’ common intent; clear language controls)
- Chambers v. Village of Moreauville, 85 So.3d 593 (La. 2012) (elements for recovery from public entity for condition of things; balancing risk and feasibility for sidewalk defects)
- MAPP Constr., LLC v. Amerisure Mut. Ins. Co., 143 So.3d 520 (La. App. 1 Cir. 2014) (purpose and scope of declaratory judgments)
- Trahan v. Acadiana Mall of Delaware, 149 So.3d 359 (La. App. 3 Cir. 2014) (slip-and-fall caused by mildew/mold accumulation on premises)