194 So. 3d 1205
La. Ct. App.2016Background
- Plaintiff Linda Marie Searile, admitted to Mercy Regional Medical Center in Sept. 2011, was found with ants on her arm and in her bed while in the ICU; she received treatment and was discharged.
- Searile sued Mercy Regional for premises liability (La. Civ. Code art. 2317.1) and general negligence alleging the hospital knew or should have known of an ant problem and failed to protect her.
- Mercy Regional moved for summary judgment, submitting affidavits from the Director of Plant Operations and the Quality Director (who investigated), monthly pest service reports from Ecolab showing no pest activity before the incident, and the pest-control contract.
- Searile opposed with medical records, family affidavits, photographs of bites, and later offered the Ecolab reports and contract at the hearing; she did not produce depositions or affidavits from ICU staff about monitoring or response times.
- The trial court granted summary judgment for Mercy Regional; the appellate court affirmed, finding Searile failed to raise genuine issues of material fact on knowledge/constructive knowledge and breach for both premises liability and general negligence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Premises liability — knowledge/constructive knowledge of ants | Searile: Ecolab report showing ant treatment and contract ambiguities show Mercy knew or should have known of ants | Mercy: Monthly pest inspections and service reports show no prior pest activity; no complaints/work orders before incident | Held: Mercy prevailed — plaintiff failed to show Mercy knew or should have known of a defect (no genuine issue) |
| Premises liability — failure to exercise reasonable care | Searile: Hospital did not reasonably act to prevent bites | Mercy: Responded immediately, treated room and exterior, had routine pest program; no prior reports | Held: Held for Mercy — plaintiff did not show damages could have been prevented by different care |
| General negligence — duty/breach (ICU monitoring) | Searile: Nurse monitoring may have been inadequate; factual dispute on timeliness/reasonableness | Mercy: Record and affidavits show staff removed ants and responded; plaintiff produced no staff depositions/affidavits to create factual dispute | Held: Held for Mercy — plaintiff failed to produce evidence on duty/breach; summary judgment appropriate |
| Applicability of res ipsa loquitur | Searile: Unusual injury could invoke res ipsa to infer negligence | Mercy: Not addressed directly; argued no proof of breach or notice | Held: Court: Res ipsa premature without foundational facts; cannot overcome lack of evidence at summary judgment |
Key Cases Cited
- Baldwin v. CleanBlast, LLC, 158 So.3d 270 (La. App. 3d Cir. 2015) (summary judgment standard and de novo appellate review)
- Riggs v. Opelousas Gen. Hosp. Trust Auth., 997 So.2d 814 (La. App. 3d Cir. 2008) (elements required under La. Civ. Code art. 2317.1)
- Grogan v. Women’s & Children’s Hospital, Inc., 981 So.2d 162 (La. App. 3d Cir. 2008) (hospital had pest contract and no prior notice; summary judgment affirmed)
- Cangelosi v. Our Lady of the Lake Reg’l Med. Ctr., 564 So.2d 654 (La. 1990) (res ipsa loquitur requires a foundational factual showing)
- Cantuba v. Am. Bureau of Shipping, 187 So.3d 995 (La. 2016) (res ipsa determination premature before full evidence presented)
- Davis v. Burke’s Outlet Stores, LLC, 156 So.3d 664 (La. App. 3d Cir. 2014) (duty-risk framework for negligence)