111 So. 3d 1187
La. Ct. App.2013Background
- Ravey, patron of Rok Haus, sues for negligent training and supervision.
- Rok Haus moved for summary judgment; trial court granted it and dismissed the case.
- Ravey was a Civil Air Patrol mentor visiting Lafayette for training; 16 youths and chaperones participated.
- Ravey belayed by a 14-year-old; Ravey fell after his belayer released a Grigri clamp, causing injury.
- The court held there was no genuine issue of material fact and affirmed dismissal on duty-based negligence grounds.
- Rok Haus had provided belay training and supervision; two supervisors observed during climbing and after training.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is there a heightened duty for minors in inherently dangerous activity? | Ravey argues increased duty due to minor participation. | Rok Haus contends no heightened duty beyond reasonable care. | No heightened duty; duty is reasonable care under circumstances. |
| Is there a genuine issue of material fact regarding adequacy of training and supervision? | Ravey alleges training/supervision were inadequate. | Rok Haus shows proper belay training and supervision. | No genuine issue; training and supervision were adequate; summary judgment proper. |
Key Cases Cited
- Pinsonneault v. Merch. & Farmers Bank & Trust Co., 816 So.2d 270 (La. 2002) (duty-risk framework elements in negligence cases)
- Faucheaux v. Terrebonne Consol. Gov't, 615 So.2d 289 (La.1993) (duty question; foreseeability and general duty concepts)
- Smith v. Our Lady of Lake Hosp., Inc., 639 So.2d 730 (La. 1994) (materiality of facts; guidance on summary judgment)
- Gatti v. World Wide Health Studios of Lake Charles, Inc., 323 So.2d 819 (La. App. 2 Cir. 1975) (gym operator duty; reasonable care standard for patrons)
- Prier v. Horace Mann Ins. Co., 351 So.2d 265 (La. App. 3 Cir. 1977) (heightened supervision in inherently dangerous activities)
- Whitfield v. East Baton Rouge Parish Sch. Bd., 43 So.2d 47 (La. App. 1 Cir. 1949) (teacher/school duty; foreseeability and supervision)
- Supreme Serv. & Specialty Co., Inc. v. Sonny Greer, 958 So.2d 634 (La. 2007) (summary judgment standard and de novo review)