96 So. 3d 540
La. Ct. App.2012Background
- Ms. Delores Casborn sued Road District A of Jefferson Parish after tripping on an uneven concrete sidewalk adjacent to the West Jefferson Medical Center parking garage, alleging injuries to foot, neck, and shoulder.
- Defendants included West Jefferson and the Road District; the Road District moved for summary judgment asserting no unreasonable risk and no notice.
The trial court granted summary judgment for the Road District, dismissing Casborn's claims with prejudice; Casborn appealed.
- Evidence submitted by the Road District included a General Liability Accident Report and interrogation responses showing no prior requisitions for sidewalk repair in the area, and an August 2005 Nicholson affidavit stating no prior notice in the relevant blocks.
- Casborn offered her own affidavit, photographs showing height disparity between sidewalk blocks, and a hospital worker affidavit alleging a previously existing defect; the appellate court reviews summary judgment de novo and considers public-entity liability standards.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the sidewalk defect was an unreasonably dangerous condition | Casborn argues the height disparity created a dangerous condition. | Road District contends the deviation is not unreasonably dangerous under risk-utility analysis. | Not unreasonably dangerous after balancing. |
| Whether the Road District had actual or constructive notice of the defect | Casborn contends there was notice based on prior conditions and repairs. | Road District contends there was no notice supported by records and affidavits. | Road District deprived of notice; no sufficient evidentiary support for notice. |
| Whether summary judgment on notice was proper | Casborn asserts material facts exist to prove notice and fault at trial. | Road District demonstrates absence of genuine issue regarding notice. | Summary judgment was proper; no genuine issue of material fact on notice. |
Key Cases Cited
- Meaux v. Wendy’s Intern., Inc., 51 So.3d 778 (La.App. 5 Cir. 2010) (summary judgment burden and proof standards)
- Hubbard v. Jefferson Parish Parks and Recreation, 40 So.3d 1106 (La.App. 5 Cir. 2010) (notice and public entity liability considerations)
- Warden v. Richoux, 40 So.3d 139 (La.App. 5 Cir. 2010) (public entity liability standards under La. R.S. 9:2800)