165 So. 3d 304
La. Ct. App.2015Background
- Personal injury suit arising from a bead-throwing incident at the 2012 Endymion Extravaganza; Citrons sue Endymion Krewe for injuries.
- Endymion moved for summary judgment asserting immunity under La. R.S. 9:2796 (Mardi Gras immunity).
- Injury occurred when Mrs. Citron was struck in the head by a bag of beads during the Superdome loop.
- Endymion introduced affidavits and policies showing safety guidelines and a Krewe Safety Policy; tickets include a risk assumption and immunity clause.
- Beads allegedly came from the upper deck; weight, distance, and throwing method of the bead bag are disputed facts.
- Trial court granted summary judgment; Citrons appealed, arguing a gross negligence exception to immunity.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Endymion is immune under 9:2796. | Citrons contend immunity does not apply due to alleged gross negligence. | Endymion relies on immunity for parades and related events; no gross negligence established. | Yes, Endymion entitled to immunity; gross negligence not shown. |
| Whether the gross negligence exception applies to defeat immunity. | Citrons argue weight, distance, and manner of throwing beads show gross negligence by the krewe. | Krewe's policies and safety measures, and lack of evidence of gross negligence by the organization, negate the exception. | Gross negligence not established; exception not satisfied. |
Key Cases Cited
- Brown v. Lee, 929 So.2d 775 (La.App. 4th Cir. 2006) (weighty object thrown may show gross negligence; context for organizational liability)
- Palmer v. Zulu Soc. Aid & Pleasure Club, Inc., 63 So.3d 131 (La.App. 4th Cir. 2010) (coconuts and weight considerations; organizational liability standards vary)
- Kibble v. B.P.O. Elks Lodge No. 30, 640 So.2d 267 (La.App. 4th Cir. 1993) (vicarious liability related to organization for member conduct)
- Duryea v. Handy, 700 So.2d 1123 (La.App. 4th Cir. 1997) (context on objects thrown and safety doctrines)
- Isidore v. Victory Club, Inc., 923 So.2d 747 (La.App. 4th Cir. 2005) (applies immunity when weighing evidence of thrown objects)
- Palmer v. Zulu Soc. Aid & Pleasure Club, Inc. (second listing for clarity), 63 So.3d 131 (La.App. 4th Cir. 2010) (distinguishes Brown; organizational action required for liability)
- Orlando v. Corps de Napoleon, 687 So.2d 117 (La.App. 5th Cir. 1996) (bead-related injuries and immunity considerations)
- Rabalais v. Nash, 952 So.2d 653 (La. 2007) (gross negligence definition and standard in Louisiana)