129 So. 3d 641
La. Ct. App.2013Background
- Premises liability and negligence action against Touro Infirmary arising from Michael Falcone’s death after Hurricane Katrina.
- Falcone, a 56-year-old, developed aortic dissection and underwent corrective surgery at Ochsner; post-op he was sedated and later awoke.
- Falcone was transferred to SHONO, a long-term care unit on Touro’s premises, where power failed during Katrina, causing extreme heat.
- Dispute centers on whether Touro provided adequate ventilation/air conditioning and whether contractual duties obligated such cooling during a power outage.
- Jury found no negligence by Touro; district court affirmed; Appellants appeal asserting duty, breach, causation, and contract interpretation issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Duty to provide ventilation on SHONO unit | Falcone owed ventilation duty per Serou | Touro fulfilled duty with fans/ventilation; SHONO unit under lease/contract | Duty to provide ventilation acknowledged; only ventilation duty held as sole duty. |
| Breach of duty and causation | Ventilation was inadequate, causing harm and death | Evidence supports adequate ventilation; no breach or causation proven | No manifest error; jury could find ventilation adequate and causation not proven. |
| Lease/Services Agreement interpretation re air conditioning | Contracts require cooling during power outages | Contracts did not require refrigerated air during external power failures; not applicable under JCAHO rules | Jury’s interpretation sustained; duties limited to ventilation per Serou. |
| Causation and medical causation | Touro’s failure contributed to death | Death primarily due to severe aortic problem, sepsis, and brain injury; ventilation not proximate cause | Causation not established; evidence conflicted but supports non-negligence. |
| Standard of review and manifest error | Jury erred in weighing evidence on duties, breach, causation | Jury’s findings supported by conflicting testimony | Judgment affirmed; no manifest error. |
Key Cases Cited
- Serou v. Touro Infirmary, 105 So.3d 1068 (La. Ct. App. 4th Cir. 2013) (duty to provide ventilation; JCAHO considerations not requiring refrigerated air)
- Pryor v. Iberia Parish Sch. Bd., 60 So.3d 594 (La. 2011) (open/open-and-obvious hazards; risk analysis by fact-finder)
- Broussard v. State ex rel. Office of State Bldgs., 113 So.3d 175 (La. 2013) (risk-utility balancing; open and obvious hazards influence duty)
- Lasha v. Olin Corp., 625 So.2d 1002 (La. 1993) (causation standards; but-for and legal causation scope)
- Menard v. Lafayette Ins. Co., 31 So.3d 996 (La. 2010) (treating physicians’ testimony weight in expert credibility)