Caruso v. Academy Sports and Outdoors
271 So. 3d 355
La. Ct. App.2019Background
- On Oct. 8, 2014, Elsa Caruso was struck in the face/nose by a falling "Back to School" cardboard sign while shopping at an Academy Sports store; she later sought medical treatment.
- Caruso sued Academy alleging negligence; Academy denied liability and moved for involuntary dismissal at bench trial.
- Parties stipulated to photographs, medical records (which identified the Stumpf Boulevard Academy location), and an affidavit of Ferdinand Gettridge (who said he was on a ladder and the sign struck Caruso).
- Caruso testified someone on a ladder was changing a shelf and the sign hit her; trial court credited her account over Gettridge’s.
- Academy presented no evidence in its case-in-chief; trial court found Academy 100% at fault and awarded $21,250 general damages and $3,500 special damages.
- Academy appealed, raising errors as to fault allocation, proof of location, comparative fault, and excessiveness of damages.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Academy was liable for Caruso's injuries under the "falling merchandise" standard | Caruso: an employee (Gettridge) caused the sign to fall and Academy failed to keep premises safe or show reasonable care | Academy: Caruso failed to prove merchant control/employee involvement or negate that she or another customer caused the fall | Court: This is a falling-merchandise case; plaintiff proved she did not cause the fall and evidence pointed to store activity; Academy failed to exculpate itself by offering evidence of reasonable care; liability affirmed |
| Whether the location of the accident was proven | Caruso: medical records identify the Stumpf Boulevard Academy location | Academy: Caruso did not testify to location, so burden unmet | Court: Medical records (stipulated) established location; trial court appropriately considered them |
| Whether Caruso was comparatively at fault | Caruso: she did not cause the sign to fall and was not at fault | Academy: Caruso’s inattention contributed and fault should be apportioned | Court: Factfinder reasonably assigned 100% fault to Academy; allocation not manifestly erroneous |
| Whether damages awards were excessive | Caruso: testified to pain and ~8–9 months of therapy; awards reasonable | Academy: injuries minor, possible intervening vehicle accident, insufficient medical causation proof | Court: Trial court’s large discretion in awarding general/special damages not abused; awards affirmed |
Key Cases Cited
- Hodges v. J.C. Penney Corp. Inc., 900 So.2d 966 (La. App. 5 Cir.) (establishes "falling merchandise" elements and merchant's burden to show periodic inspection/cleanup)
- Thompson v. Winn-Dixie Montgomery, Inc., 181 So.3d 656 (La. 2015) (comparative-fault allocation rules and review standard)
- Branch v. Wal-Mart Stores, Inc., 806 So.2d 796 (La. App. 5 Cir.) (deference to factfinder on general damages; appellate restraint)
- Rosell v. ESCO, 549 So.2d 840 (La.) (manifest-error/clearly-wrong standard for review of factual findings)
- Youn v. Maritime Overseas Corp., 623 So.2d 1257 (La.) (scope of appellate review of general damages)