Lyons v. TERREBONNE PARISH CONSOLIDATED GOVERNMENT
68 So. 3d 1180
La. Ct. App.2011Background
- Lyons alleges State and local agencies operated a disaster-assistance site at a building and parking lot after Gustav; she slipped on algae on a wet concrete surface while waiting for disaster assistance.
- The building site was controlled by Terrebonne Parish Consolidated Government and Terrebonne Children's Advocacy Center; the State directed the disaster-application process there.
- Lyons characterizes the accident as caused by unsafe premises, inadequate lighting, and foreseeable wet/slippery conditions.
- The State moved to dismiss under the immunity provided by the Homeland Security and Emergency Assistance and Disaster Act, La. R.S. 29:735 A(1).
- The trial court granted the exception of no cause of action, holding immunity shielded the State from liability for injuries during emergency preparedness activities.
- Lyons appealed, arguing summary-judgment style evidence could show a premises defect pre-dating the emergency that undermines immunity.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether immunity bars Lyons' claims. | Lyons | State | Immunity bars relief |
| Whether the petition states a cause of action despite immunity. | Lyons | State | Petition fails due to immunity on its face |
| Whether pre-existing premises defects negate immunity claim. | Lyons | State | Pre-existing defects do not defeat immunity |
| Whether amendment would rescue the claim. | Lyons | State | No amendment allowed; dismissal proper |
Key Cases Cited
- Owens v. Martin, 449 So.2d 448 (La. 1984) (affirms no-remedy test for exceptions of no cause of action)
- Kyle v. Civil Service Commission, 595 So.2d 654 (La. 1992) (affirmative defenses in no-cause challenges)
- Cleco Corp. v. Johnson, 795 So.2d 302 (La. 2001) (tests legal sufficiency of petition; no evidence on exception)
- Hoag v. State, 889 So.2d 1019 (La. 2004) (importance of whether petition shows a remedy exists)
- City of New Orleans v. Board of Directors of Louisiana State Museum, 739 So.2d 748 (La. 1999) (exception of no cause of action when affirmative defense adjudicated on face of pleadings)