128 So. 3d 681
La. Ct. App.2013Background
- Mr. Jagneaux sued Lafayette City-Parish Consolidated Government Parks and Recreation Dept. after allegedly injuring his lower back when bleachers gave way at Arceneaux Park on May 15, 2009.
- LCG operated Arceneaux Park through its Parks and Recreation Department; Jagneaux contends LCG had notice of the alleged defect and a duty to inspect/remediate.
- Maintenance Supervisor Landry conducted a 2009 annual inspection and found no issues requiring maintenance.
- Volunteers with the Broussard/Youngsville Youth Association testified about the bleachers; one noted only one bolt was visible.
- LCG moved for summary judgment arguing lack of actual or constructive notice under La.R.S. 9:2800; trial court granted the motion, and Jagneaux appeals.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether LCG had actual notice of the defect | Jagneaux argues LCG knew of the defect. | LCG contends there was no notice prior to the fall. | No actual notice shown. |
| Whether LCG had constructive notice of the defect | Constructive notice from the defect existed. | Lack of inspection plan does not establish constructive knowledge. | No constructive notice shown. |
| Whether summary judgment was proper given the notice standard | Evidence creates a triable issue. | Record shows no genuine material fact on notice. | Summary judgment proper; judgment affirmed. |
Key Cases Cited
- Scott v. Lafayette Consol. Gov't-Risk Mgmt. Div., 52 So.3d 1068 (La.App. 3 Cir. 2010) (lack of inspection plan does not imply constructive knowledge; facts mirror Scott)
- Jones v. Hawkins, 731 So.2d 216 (La. 1999) (actual vs constructive knowledge; plan absence not indicium of knowledge)
- Ardoin v. Lewisburg Water System, 963 So.2d 1049 (La.App. 3 Cir. 2007) (elements for recovery against a custodian; notice requirement)
- Hutchinson v. Knights of Columbus, Council No. 5717, 866 So.2d 228 (La. 2004) (burden shifts on summary judgment after prima facie showing)
- Davenport v. Albertson’s, Inc., 774 So.2d 340 (La.App. 3 Cir. 2000) (material fact analysis in summary judgment context)