354 So.3d 250
La. Ct. App.2022Background
- On Jan. 17, 2016, Stephen Amedee allegedly tripped on an uneven/raised brick on the sidewalk adjacent to the Embassy Suites (South Peters St.) and struck a metal object in the driveway entrance.
- Amedee sued Aimbridge/Embassy Suites and the City of New Orleans; Premium Parking (valet/parking operator) was later added as a defendant.
- The City moved for summary judgment asserting it had no actual or constructive notice of the sidewalk defect; Premium Parking separately moved for summary judgment on notice and maintenance issues.
- Trial court (Aug. 3, 2020) granted the City’s summary judgment dismissing Amedee’s claims against the City and denied Premium Parking’s motion.
- Premium Parking appealed; the Louisiana Supreme Court held a co‑defendant who pleads comparative fault may appeal a summary judgment dismissing another co‑defendant and remanded for merits review.
- On remand the Court of Appeal affirmed the City’s summary judgment because plaintiff failed to produce evidence creating a genuine issue on the City’s actual or constructive notice.
Issues
| Issue | Plaintiff's Argument (Amedee) | Defendant's Argument (Premium Parking/City) | Held |
|---|---|---|---|
| Whether the City had constructive notice of the sidewalk defect | City owned the right‑of‑way and absence of inspection/repair records could support notice | City: no complaints, work orders, or records showing prior notice or repairs for the location during the relevant period | Court: No genuine issue of material fact on constructive notice; summary judgment for City affirmed |
| Whether the City (not Premium Parking) was responsible for the sidewalk/driveway condition | The City owned the sidewalk/right‑of‑way and therefore was responsible for condition | Premium Parking argued it had contractual maintenance duties for the driveway entrance; City argued lack of notice and that other entities (e.g., DDD) have cleaning responsibilities | Court: Even assuming ownership questions, plaintiff did not produce evidence of City notice; assignment fails and City dismissal stands |
Key Cases Cited
- Smith v. State, 262 So.3d 977 (La. App. 4 Cir. 2019) (apellate review of summary judgment is de novo)
- Orleans Parish School Board v. Lexington Ins. Co., 123 So.3d 787 (La. App. 4 Cir. 2013) (summary judgment standard and de novo review)
- Beteta v. City of New Orleans, 4 So.3d 908 (La. App. 4 Cir. 2009) (elements for public‑entity liability for sidewalk defects)
- Joseph v. City of New Orleans, 842 So.2d 420 (La. App. 4 Cir. 2003) (same: custody/ownership, unreasonable risk, notice, causation)