Boddie v. State

661 So. 2d 617, 1995 WL 567117
CourtLouisiana Court of Appeal
DecidedSeptember 27, 1995
Docket27,313-CA
StatusPublished
Cited by27 cases

This text of 661 So. 2d 617 (Boddie v. State) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Boddie v. State, 661 So. 2d 617, 1995 WL 567117 (La. Ct. App. 1995).

Opinion

661 So.2d 617 (1995)

Nancy D. BODDIE, Plaintiff-Appellee,
v.
STATE of Louisiana, Defendant-Appellant.

No. 27,313-CA.

Court of Appeal of Louisiana, Second Circuit.

September 27, 1995.

*620 Weems, Wright, Schimpf, Hayter & Carmouche by Mark A. Perkins, Kenneth P. Haines, Shreveport, for Appellant.

James E. Franklin, Jr., Shreveport, for Appellee.

Before NORRIS, LINDSAY and WILLIAMS, JJ.

LINDSAY, Judge.

The defendant, the State of Louisiana, appeals from a trial court judgment granting the plaintiff, Nancy D. Boddie, $95,000 in general damages and $16,718.18 in medical expenses arising from a fall suffered by the plaintiff on the grounds of the State Office Building. Ms. Boddie broke her left arm in the fall. For the following reasons, we affirm.

FACTS

On June 11, 1991, the plaintiff was walking on a sidewalk on the grounds of the State Office Building located on Fairfield Avenue in Shreveport. The plaintiff's foot struck a metal drain cover on the sidewalk that was somewhat elevated above the level of the sidewalk, causing her to trip and fall.

The accident was witnessed by Paul Young, a local attorney who, at that time, had an office in the building. Mr. Young had tripped on the drain cover twice himself and had previously notified a security guard that the drain cover needed to be fixed.

Building personnel came to the plaintiff's aid and she was transported to the Schumpert Hospital emergency room, located across the street. Ms. Boddie, who has multiple sclerosis, was treated by her orthopedic physician, Dr. Craig Springmeyer. She had a badly broken left wrist and arm which required surgery and the application of an external fixator. The plaintiff was required to wear the fixator for several weeks.

The plaintiff filed suit against the State seeking damages, claiming that the drain cover posed an unreasonable risk of harm and that the State knew or should have known of the dangerous condition.

Trial was held on April 6-7, 1993. Ms. Boddie testified that on the date of the accident, she had gone to the State Office Building on business. While walking into the building, she tripped on the metal drain cover. She testified that after the fall, she was assisted by Mr. Young and Mike Pyles, a building maintenance employee. According *621 to the plaintiff, Mr. Pyles told her that she was the second or third person he had to take to the hospital following injury on the sidewalk drain cover.

Following her surgery on the date of the accident, the plaintiff testified that she had some bleeding from the arm and that it became infected. The plaintiff was readmitted to the hospital on June 12, 1991 and was discharged on June 20, 1991. She testified that the external fixator was left in place for 8-9 weeks. During the course of the healing process, the screws in the fixator were periodically tightened, causing the plaintiff a great deal of pain. Following removal of the fixator, the plaintiff had open wounds on her arm which healed in 2-3 weeks, but her left arm was scarred. The plaintiff testified that she underwent physical therapy, but stated that she had not regained total use of her arm.

Paul Young testified that he had tripped on the drain cover twice and that he informed a security guard that the cover needed to be fixed. He also testified that he saw the plaintiff trip on the drain cover and that when he went to assist her, it was apparent that her arm was broken.

Earl Owen, facility manager of the State Office Building at the time the plaintiff was injured, testified that he had numerous complaints of people slipping on the drain cover in wet weather, but denied reports of people tripping on the drain cover.

However, Rick Headrick, an insurance adjuster doing work on this case for the State Office of Risk Management, testified that Mr. Owen told him that several people had caught their feet on the drain cover but that the plaintiff was the only one who was seriously injured.

Merle Miller testified that at the time of the plaintiff's accident, he was employed by Capital Security as a security guard at the State Office Building. Mr. Miller testified that Earl Owen was his supervisor and that he filled out an accident report concerning the plaintiff's injury. He also stated that he did not remember Paul Young reporting to him that the drain cover needed to be fixed.

Mike Pyles, a maintenance worker at the state office building, testified that he took the plaintiff to the hospital after her accident, but denied telling her that anyone else tripped on the drain cover.

Robert Earl Jones, the plaintiff's engineering expert, examined the drain cover and determined that it did extend above the surface of the sidewalk on one side, a condition worsened by the addition of expanded metal to the top of the drain cover. Mr. Jones stated in his deposition that there was not a strong color contrast between the sidewalk and the drain cover, adding to the unsafe condition. Mr. Jones stated that the unsafe condition of the drain cover could not be easily observed. He also testified that the unsafe condition would cause pedestrians to catch their shoes on the drain cover.

On June 13, 1994, the trial court rendered judgment in favor of the plaintiff, awarding $95,000 in general damages and $16,718.18 in medical expenses. The trial court also awarded the plaintiff expert witness fees and costs of depositions for her engineering expert and ordered the defendant to pay for copies of the plaintiff's medical records.

In reasons for judgment, the trial court found that the plaintiff alleged and proved that, at the point where she tripped and fell, the drain cover was resting at an angle over the top of the concrete sidewalk, rather than inset into a groove in the sidewalk designed to allow the drain cover to be flush or even with the sidewalk. The court also found that the State had previously applied an expanded metal top to the drain cover, resulting in a hazard to those utilizing the walkway. The court found that the metal plate was positioned so as to extend above the surface of the sidewalk ¾ of an inch to 1 inch, causing an unreasonably dangerous condition. The court also found that the State knew or should have known of this condition.

The court found that the plaintiff is somewhat disabled as a result of the accident and has some numbness in her left hand. The court found that, while the numbness in the hand could be attributable to the plaintiff's multiple sclerosis, the preponderance of the evidence was that there was no numbness before the accident. The court found that *622 the fall caused permanent damage to the median nerve in the plaintiff's left wrist and hand and that the condition is not expected to improve. The court also noted that the plaintiff's arm is crooked and scarred.

The defendant appealed the trial court judgment, asserting numerous assignments of error.

UNREASONABLE RISK OF HARM

The defendant argues that the plaintiff failed to carry her burden of proving that the drain cover presented an unreasonable risk of harm. This argument is meritless.

In the present case, the plaintiff asserted that the State should be held liable for damage caused by the defect in its sidewalk under the theory of strict liability. The plaintiff also asserted that the State was negligent in failing to exercise reasonable care in designing, planning and maintaining its walkways.

Proof of liability on the part of a public entity, such as the State, is governed by LSA-C.C. Art 2317, as modified by LSA-R.S. 9:2800.

LSA-C.C. Art.

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Cite This Page — Counsel Stack

Bluebook (online)
661 So. 2d 617, 1995 WL 567117, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boddie-v-state-lactapp-1995.