219 So. 3d 1115
La. Ct. App.2017Background
- On January 9, 2006, Guillory slipped and fell on a ramp at CHRISTUS St. Frances Cabrini Hospital; suit for damages followed.
- Plaintiff propounded requests for admissions (initial petition misstated the date as Jan. 12, 2006); Defendant answered admissions in 2012 admitting the fall occurred in water, water was from mopping under Defendant’s control, and a custodian had mopped and removed warning signs shortly before the fall; video corroborated mopping.
- Defendant attempted to amend/withdraw those admissions many years later (amended discovery and motion to withdraw filed in 2016); trial court denied the motion to withdraw/amend and granted Plaintiff’s motion for partial summary judgment on liability.
- Defendant argued (1) its original admissions were incorrect or made in error, supported by a later expert report and amended discovery, and (2) genuine issues of material fact (including comparative fault) existed; Plaintiff relied on the admissions in seeking summary judgment.
- The trial court and the appellate majority concluded Defendant had ample opportunity to investigate before admitting, Plaintiff would be prejudiced by allowing withdrawal, and admissions established liability as a matter of law; the judgment granting partial summary judgment and denying leave to amend was affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court abused its discretion by denying leave to withdraw/amend admissions | Admissions were binding; withdrawal would prejudice Plaintiff | Admissions were incorrect, no longer true, based on new evidence and counsel error; no prejudice to Plaintiff | Denial affirmed — defendant failed both prongs of La. C.C.P. art. 1468 (merits aided and no prejudice) |
| Whether partial summary judgment on liability was improper | Admissions + video show slip on water caused by hospital mopping; no genuine issue of material fact | Later evidence and expert report create genuine issues whether claimant slipped or tripped and whether hospital was negligent | Affirmed — admissions and discovery responses established no material fact dispute on liability |
| Whether summary judgment improperly left comparative fault unresolved | Plaintiff: entitlement to judgment on defendant’s liability; comparative fault not supported by defendant evidence | Defendant: comparative fault is a remaining issue that precludes summary judgment | Rejected — defendant did not produce factual support for comparative fault; summary judgment on liability stands |
| Whether the court erred by relying on original (unamended) discovery rather than supplemental verified answers and expert opinion | Plaintiff: original admissions are admissible and can support summary judgment | Defendant: supplemental verified answers and expert report should have been considered; original responses do not establish unreasonable condition | Affirmed — trial court permissibly relied on original admissions and interrogatory answers; negligence established |
Key Cases Cited
- Koonce v. St. Paul Fire & Marine Ins. Co., 172 So.3d 1101 (La. App. 3 Cir. 2015) (trial court has broad discretion to allow amendment)
- Williams v. Housing Authority of the City of Lafayette, 28 So.3d 1221 (La. App. 3 Cir. 2010) (denial to amend admissions not abuse where investigation lacking and delay substantial)
- Crawford v. Deshotels, 359 So.2d 118 (La. 1978) (judicial confession estops confessor unless beneficiary relied to his prejudice)
- Gunter v. Jefferson Davis Parish, 84 So.3d 705 (La. App. 3 Cir. 2012) (summary judgment timing and adequate discovery principles)
- LeBlanc v. Alton Ochsner Medical Foundation, 563 So.2d 312 (La. App. 5 Cir. 1990) (prima facie slip-and-fall liability for foreign substance on premises)