Richard v. Louisiana Newpack Shrimp Co.
82 So. 3d 541
La. Ct. App.2011Background
- plaintiff-announcil: Ann Richard and Kirt Richard sue Louisiana New-pack Shrimp Co. for injuries from a fall on a levee on April 11, 2009.
- Property owner Lee leased property to defendant; docks in adjacent canal used for recreational boating/fishing.
- Walkway levee provided access to bayou and to boats; premises used for recreation and related activities.
- Plaintiff alleges defendant negligence including failure to warn about hazard; defendant asserts immunity under La.R.S. 9:2791 and 9:2795.
- At issue: whether immunity applies given recreational use and whether any exception for willful/malicious failure to warn defeats immunity.
- Court granted summary judgment in favor of defendant, finding immunity and barring claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether immunity applies under the Recreational Use Statutes | Richard | Louisiana New-pack Shrimp Co. | Yes, immunity applies. |
| Whether the levee and adjacent property qualify as premises under the statutes | Richard | Louisiana New-pack Shrimp Co. | Premises include levee; recreational use extends to access to boats. |
| Whether willful/malicious failure to warn defeats immunity | Richard | Louisiana New-pack Shrimp Co. | No genuine issue of material fact; no willful/malicious failure shown. |
Key Cases Cited
- Richard v. Hall, 874 So.2d 131 (La. 2004) (construction of broad immunity in 9:2795 and 9:2791; strict interpretation but broad reach)
- Broussard v. Dep’t of Transp. & Dev., State of La., 539 So.2d 824 (La. Ct. App. 3 Cir. 1989) (boat ramp/ marsh public access; recreational use immunity relevance)
- Webb v. Parish of St. Tammany, 959 So.2d 921 (La. App. 1 Cir. 2007) (immunity extends to recreational purposes not necessarily tied to activity itself)
- Robinson v. Jefferson Parish Sch. Bd., 9 So.3d 1035 (La. App. 5 Cir. 2009) (burden shifting on willful/malicious warning claim; not established here)
- DeLafosse v. Vill. of Pine Prairie, 998 So.2d 1248 (La. App. 3 Cir. 2008) (burden-shifting on willful/malicious warning defense in immunity context)