295 So.3d 978
La. Ct. App.2020Background
- Kathy Harris, a Caddo Parish School Board employee, fell on Feb. 6, 2016 into a large hole containing a City water meter adjacent to 7414 Timberview Lane while returning on foot from reading a meter.
- The hole was on land owned by Deborah Renee Jackson; Harris alleged both the City (custody of the meter) and Jackson (yard/grass maintenance) were responsible.
- Harris presented an engineer (Philip Beard) who measured the repaired meter housing at about 19 inches depth and opined the hole likely exceeded 19 inches, lacked a cover, was unreasonably hazardous, and had existed at least a month.
- The City had a record of a meter reading at that location on Jan. 12, 2016; Harris argued this supported actual/constructive notice to the City.
- Trial court granted Jackson’s summary judgment (dismissal) and denied the City’s motion; on review the appellate court affirmed both judgments: Jackson dismissed; City’s denial of summary judgment affirmed due to genuine issues of material fact.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the open water meter created an unreasonable risk of harm | Beard: large, uncovered hole (~19–25") not within acceptable pedestrian deviations; unreasonably hazardous | City/Jackson: hole in grassy yard, open/obvious, not an unreasonable risk | Genuine issue of material fact; summary judgment inappropriate as to City |
| Whether the City had actual or constructive notice of the defect | Hole existed for at least a month; meter read Jan. 12, 2016 by City employee supports notice | City: no proof it knew or should have known; plaintiff’s proof speculative | Genuine issue of material fact on notice; summary judgment denied as to City |
| Whether Jackson had a duty to protect against the hole (knowledge of defect) | Harris: Jackson was responsible for yard/grass; should have known grass obscured hole | Jackson: grass condition was obvious; no evidence she knew of buried hole; landowners need not maintain a tabletop surface | Summary judgment for Jackson affirmed; Harris failed to show Jackson knew or should have known of the concealed defect |
Key Cases Cited
- Peironnet v. Matador Res. Co., 144 So. 3d 791 (La. 2013) (summary judgment standard reviewed de novo)
- Willis v. Medders, 775 So. 2d 1049 (La. 2000) (opposing party’s admissible expert evidence can defeat summary judgment)
- Chambers v. Vill. of Moreauville, 85 So. 3d 593 (La. 2012) (risk-utility balancing for unreasonably dangerous conditions)
- Broussard v. State ex rel. Office of State Bldgs., 113 So. 3d 175 (La. 2013) (no duty to protect against open and obvious hazards)
- Jones v. Hawkins, 731 So. 2d 216 (La. 1999) (elements for defective-thing claim against public entity include custody and notice)
- Stevens v. City of Shreveport, 152 So. 3d 1071 (La. App. 2 Cir. 2014) (municipal notice requirement for defect liability)
- Gifford v. Arrington, 153 So. 3d 999 (La. 2014) (adverse party must produce factual support to meet trial evidentiary burden)
- Jackson v. City of New Orleans, 144 So. 3d 876 (La. 2014) (definition of material and genuine issues for summary judgment)