Bridges v. FCS Entertainment

789 So. 2d 691, 2000 La.App. 4 Cir. 1041, 2001 La. App. LEXIS 1597, 2001 WL 670484
CourtLouisiana Court of Appeal
DecidedMay 23, 2001
DocketNo. 2000-CA-1041
StatusPublished
Cited by4 cases

This text of 789 So. 2d 691 (Bridges v. FCS Entertainment) 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
Bridges v. FCS Entertainment, 789 So. 2d 691, 2000 La.App. 4 Cir. 1041, 2001 La. App. LEXIS 1597, 2001 WL 670484 (La. Ct. App. 2001).

Opinion

1PLOTKIN, Judge.

Defendants the City of New Orleans and FCS Entertainment appeal a trial court judgment awarding plaintiff Sabrina Bridges $36,422.38 for injuries sustained when she fell and broke her ankle while descending the steps at the Municipal Auditorium during a concert promoted by FCS Entertainment. Ms. Bridges answered the appeal, contesting the trial judge’s decision to assign her 35 percent comparative fault and seeking an increase in the $25,000 general damages awarded by the trial court. For the reasons discussed below, we reverse the trial court judgment and dismiss Ms. Bridges’ case against FCS Entertainment and the City. Facts

On February 14, 1998, Ms. Bridges and two neighbors, Mary Horace and Lynnette Beasley, attended a Dru Hill concert at the Municipal Auditorium in the City of New Orleans. Several musical acts performed at the concert, with Dru Hill taking the stage last, after two or three other acts. Between each of the acts, the house lights were turned on for intermissions, and the stage was reconfigured. About ten minutes into Dru Hill’s act, Ms. Bridges left her seat to go to the | ^bathroom. As she was descending the stairs, she fell, breaking her right ankle in three places and landing on her right foot. Ms. Bridges was taken to the emergency room at University Hospital, where she was diagnosed as having suffered a trimalleolar right ankle fracture and released with crutches. Three days later, Ms. Bridges underwent an open reduction and internal fixation of both the right fibula and the right medial malleolus, which left a scar on both the inside and outside of her ankle.

Ms. Bridges filed suit against the City of New Orleans, as the owner of the Municipal Auditorium, and FCS Entertainment, as the promoter of the Dru Hill concert. Following a trial, the trial court entered judgment against both of the named defendants, and against First Financial Insurance Co., which issued a policy in favor of the defendants for the date of the concert. The trial court awarded Ms. Bridges the following damages: $25,000 in general damages, $8,407.98 in stipulated medical expenses 1, and $3,014.40 in stipulated lost [693]*693wages. The damage award was reduced by her fault, which the trial court assessed at 35 percent. In reasons for judgment, the trial court stated, in pertinent part, as follows:

The Court finds negligence on behalf of the City and the promoter in that they allowed vendors to go up and down the dark, steep stairs selling drinks which spilled causing the stairs to be slippery and unsafe. During the entire duration of the concert, no inspection of the steps nor clean-up of the steps took place.
The plaintiff is also negligent for not looking 'at the steps and for not holding on to the handrail when possible.

The City and FCS Entertainment appeal, claiming that the trial court judgment is manifestly erroneous because Ms. Bridges failed to meet her burden of proof.

[ ^.Liability of the City of New Orleans

On appeal, the City claims that Ms. Bridges failed to meet her burden of proving that the City is liable for Ms. Bridges’ injuries under the provisions of LSA-R.S. 9:2800, which addresses limitations of liability for public bodies. Under the provisions of that statute, public entities in the State of Louisiana, including the City, may not be held liable for injuries caused by things within their care and custody under either a negligence or a strict liability theory unless the injured party proves the following three things:

(1) that the entity had actual or constructive notice of the dangerous conditions prior to the occurrence,
(2) that the entity had a reasonable opportunity to remedy the defect, and
(3) that the entity failed to remedy the defect.

Howard v. Derokey, 98-0893, p. 5 (La.App. 4 Cir. 2/10/99), 729 So.2d 654, 657. Constructive notice is defined by LSA-R.S. 9:2800(C) as the “the existence of facts which infer actual knowledge.” Generally, a finding of constructive notice is appropriate if a court finds that “the conditions which caused the injury existed for such a period of time that those responsible, by the exercise of ordinary care and diligence, must have known of their existence in general and could have guarded the public from injury.” Maldonado v. Louisiana Superdome Commission, 95-2490, p. 6-7 (La.App. 4 Cir. 1/22/97), 687 So.2d 1087, 1092.

The Maldonado case involved facts somewhat similar to the facts presented by the instant case. In Maldonado, the plaintiff slipped and fell in a large puddle of liquid just prior to entering the Super-dome to attend a Saints game. This court affirmed a trial court judgment against the State of Louisiana, through the | ^Louisiana Stadium and Exposition District and Facility Management of Louisiana, Inc. (“Su-perdome”). After summarizing the testimony of a number of different witnesses presented by the plaintiffs in that case, the court stated as follows:

This evidence amply supports the trial court’s conclusion that the Superdome had constructive notice of the spillage that caused Mr. Maldonado to fall, as well as an opportunity to correct the condition. Despite awareness of the patrons’ tendency to simply dump cups and trash at the doorways, Ms. Jones acknowledged that clean-up efforts are frequently delayed until the number of people entering decreases, which could be an hour after the kick-off. Additionally, although all employees are supposed to look for and report potential hazards, it is apparent that in this case [694]*694no one inspected the area at issue, even after Mr. Maldonado, visibly wet and shaken, pointed out the location where he had fallen to Mr. Jones and other employees at the turnstiles. Mr. Maldonado’s testimony concerning the location and size of the wet area at the time of his arrival was unrefuted, and is suggestive of a condition that had existed for a substantial period of time.
The trial court is vested with much discretion in assessing the credibility of witnesses and making factual inferences from the evidence presented. Davis v. Schwegmann Giant Super Markets, 92-2051, p. 10 (La.App. 4th Cir.1/13/94), 631 So.2d 479, 484. The conclusion that the Superdome had constructive notice of the condition was a factual finding. An appellate court cannot reverse a trial court’s decision based on factual findings and reasonable evaluations of credibility unless those conclusions are clearly wrong. Stobart v. State Through DOTD, 617 So.2d 880 (La.1998); see also, Rosell v. ESCO, 549 So.2d 840 (La.1989). We find no error in the trial court’s conclusion that the Superdome had constructive notice of the spill which caused Mr. Maldonado’s slip and fall.

95-2490 at 8-9, 687 So.2d 1087, 1093.

At trial in this case, Ms. Bridges and her companions, Ms. Horace and Ms. Beasley, all testified that the step where Ms. Bridges fell was wet after Ms. Bridges’ fall. That testimony was corroborated by Ms. Bridges’ sister, Ms. Sandra Cowart, who learned of Ms. Bridges’ fall as she was preparing to leave the concert and went to the location where Ms. Bridges was waiting for help. Ms. Horace said that it looked like ice had melted or something had been spilled. Additionally, Ms. Horace stated that she never saw anyone from the auditorium staff inspecting the Isstairs during the time that they were there. However, Ms.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
789 So. 2d 691, 2000 La.App. 4 Cir. 1041, 2001 La. App. LEXIS 1597, 2001 WL 670484, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bridges-v-fcs-entertainment-lactapp-2001.