Vincent Caminita, Jr. and Misty Caminita, for and on Behalf of Their Minor Child, Gino Caminita Versus The Roman Catholic Church of the Archdiocese of New Orleans, and Our Lady of Divine Providence Roman Catholic Church, Metairie, Louisiana D/B/A Our Lady of Divine Providence School, 299 So.3d 1269

On August 29, 2017, fifth grader Gino Caminita allegedly slipped and fell on a stairwell at Our Lady of Divine Providence School, claiming a ceiling moisture spot was dripping water at the time.
Plaintiffs (Gino’s parents on his behalf) sued the Church and School under La. Civil Code owner/custodian liability (alleging an unreasonably dangerous condition from a leaky roof).
Defendants moved for summary judgment, submitting school staff affidavits and incident notes saying Gino told staff he tripped over his backpack, and a facilities manager affidavit denying any roof/stairwell leak in August 2017.
Plaintiffs opposed with Gino’s deposition (self-serving), a post-incident inspection report (Nov. 2019) noting ceiling stains, and a staff deposition that she kept making notes after the incident.
Trial court denied defendants’ summary‑judgment motion; the Fifth Circuit granted supervisory review, reversed, and rendered summary judgment for defendants, dismissing plaintiffs’ claims.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether plaintiffs produced evidence that defendants had actual or constructive notice of the alleged water/leak hazard	Gino’s testimony and a 2019 inspection showing ceiling stains establish the leak and notice	School records and staff affidavits show Gino reported tripping over his backpack and no evidence of earlier leaks; post‑incident stains don’t prove notice in 2017	Plaintiffs failed to show defendants knew or should have known of the hazard; no genuine issue of material fact on notice; summary judgment for defendants granted
Whether Gino’s uncorroborated, self‑serving testimony is sufficient to defeat summary judgment	Gino’s sworn account that a moisture spot was dripping when he fell creates an issue of fact	Self‑serving testimony without corroboration is insufficient; contemporaneous school reports contradict it	Court held uncorroborated self‑serving testimony did not create a genuine material fact question
Whether post‑incident inspection evidence (2019 stains) can create a triable issue about condition/existence of leak in 2017	The presence of stains in 2019 supports an inference of an earlier leak causing the 2017 fall	The 2019 inspection does not show stains existed at the time of the incident and cannot substitute for contemporaneous notice	Court ruled the 2019 inspection did not establish the condition existed in 2017 or that defendants had notice

Stogner v. Ochsner Clinic Foundation, 254 So.3d 1254 (La. App. 5 Cir. 2018) (standard and de novo appellate review for summary judgment)
Babin v. Winn Dixie La., Inc., 764 So.2d 37 (La. 2000) (failure to produce evidence of a material fact mandates granting summary judgment)
Cangelosi v. Treasure Chest Casino, L.L.C., 252 So.3d 559 (La. App. 5 Cir. 2018) (elements required to prove custodian/owner liability for dangerous thing)
Brown v. The Blood Center, 239 So.3d 988 (La. App. 4 Cir. 2018) (self‑serving testimony without corroboration insufficient to defeat summary judgment)
Cavet v. Louisiana Extended Care Hosp., 93 So.3d 1122 (La. App. 2 Cir. 2012) (plaintiff cannot rely on uncorroborated, self‑serving testimony in opposition to a supported summary‑judgment motion)
Jackson v. City of New Orleans, 144 So.3d 876 (La. 2014) (materiality of disputed facts determined in light of applicable substantive law)