Johnson v. Super 8 Lodge-Shreveport
92 So. 3d 519
La. Ct. App.2012Background
- Darlene, her father, and her boyfriend evacuated Lake Charles and stayed at Super 8 Lodge–Shreveport in September 2008.
- Jacuzzi suites had a fixed entertainment center with a television that could be viewed from the sofa, not from the bed.
- Darlene repeatedly asked maintenance to move the entertainment center so she could view the TV from the hospital bed near the king bed.
- The TV allegedly fell from the cabinet when Darlene attempted to use it, striking her face and causing a fall.
- Merryton L.L.C. d/b/a Super 8 Lodge Shreveport moved for summary judgment, arguing no duty breach and no unreasonable risk; Darlene cross-moved for summary judgment.
- The trial court granted Merryton’s motion and denied Darlene’s; appellate court affirmed the summary judgment ruling.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a genuine issue of material fact existed on reasonable care and defect | Darlene argued the TV was unsecure and the configuration created an unreasonable risk | Merryton contended there was no defect and duty was satisfied | No genuine issue; hotel not liable; proper summary judgment for Merryton |
| Whether the hotel owed a higher duty due to foreseeability of viewing TV from bed | Foreseeable to adjust furniture for bed viewing | TV was intended for sofa viewing; prior adjustments did not create liability | No breach; reasonable care satisfied; surrounding facts did not show unreasonable risk |
| Whether the trial court properly applied summary judgment standards | Evidence insufficient to negate all essential elements | Merryton proved absence of factual support for essential elements | Properly granted summary judgment under La. C.C.P. art. 966(B)-(C) |
Key Cases Cited
- Samaha v. Rau, 977 So.2d 880 (La. 2008) (summary judgment standard; burden shifting on movant)
- Wright v. Louisiana Power & Light, 951 So.2d 1058 (La. 2007) (burden of persuasion on trial remains with plaintiff")
- Willis v. Medders, 775 So.2d 1049 (La. 2000) (factual inferences resolved in opponent’s favor on summary judgment)
- Spencer v. Red River Lodging, 865 So.2d 337 (La. App. 2 Cir. 2004) (hotel owes ordinary care to keep premises safe; not insurer of safety)
- Reed v. Wal-Mart Stores, Inc., 708 So.2d 362 (La. 1998) (defect analysis balancing risk, utility, and feasibility of repair)
- Pamplin v. Bossier Parish Community College, 878 So.2d 889 (La. App. 2 Cir. 2004) (defect liability standards for dangerous condition of a thing)