149 So. 3d 359
La. Ct. App.2014Background
- Trahan sued Acadiana Mall CMBS, LLC; ERMC III Property Management Company, LLC; and ERMC II, LP for injuries from a July 21, 2010 accident at Acadiana Mall in Lafayette, Louisiana.
- Trahan slipped on algae on a surface that appeared dry near a service-area edge, after avoiding a surface-water accumulation in a pedestrian walkway.
- Security guard Thibodeaux inspected the scene; Pritchett, Mall Director of Operations, prepared an incident report and photographed the area.
- Mall personnel testified about the drainage- and maintenance context, with no written exterior-premises inspection policy in place.
- Trial court granted involuntary dismissal under La.Code Civ.P. art. 1672(B); the appeal sought reversal to allow completion of merits-based trial evidence.
- The appellate court remanded, holding that the algae, not the surface-water puddle, was the substantive cause and that the trial had not yet reached defense presentation; costs on appeal taxed to Acadiana Mall defendants.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred in finding the puddle, not algae, caused the fall. | Trahan | Mall | Trial court erred; algae caused injury. |
| Whether the trial court properly weighed witness credibility in the open-and-obvious analysis. | Trahan | Mall | Trial court manifestly erred on credibility/weight. |
Key Cases Cited
- Riggs v. Opelousas Gen. Hosp. Trust Auth., 997 So.2d 814 (La. App. 3 Cir. 2008) (elements for Article 2317.1 liability; custody, defect, knowledge, preventability, failure to exercise care)
- Broussard v. State, through the Office of State Bldgs., 113 So.3d 175 (La. 2013) (open-and-obvious risk analysis in premises liability)
- Touchet v. Hampton, 950 So.3d 895 (La.App. 3 Cir. 2007) (standard for reviewing involuntary dismissal under Art. 1672(B))
- Smith v. Schumpert, 117 So.3d 315 (La.App. 2 Cir. 2013) (preponderance standard for involuntary dismissal)