Burgess v. City of Shreveport

471 So. 2d 690, 1985 La. LEXIS 9188
CourtSupreme Court of Louisiana
DecidedJune 17, 1985
Docket84-C-0784, 84-C-0827
StatusPublished
Cited by8 cases

This text of 471 So. 2d 690 (Burgess v. City of Shreveport) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Burgess v. City of Shreveport, 471 So. 2d 690, 1985 La. LEXIS 9188 (La. 1985).

Opinion

471 So.2d 690 (1985)

Betty T. BURGESS
v.
CITY OF SHREVEPORT, et al.

Nos. 84-C-0784, 84-C-0827.

Supreme Court of Louisiana.

June 17, 1985.
Rehearings Denied September 9, 1985.

*691 Sydney B. Nelson, Nelson, Hammons & Johnson, Shreveport, for applicant.

William J. Guste, Jr., Atty. Gen., Baton Rouge, Charles E. Welsh, Asst. Atty. Gen., Jerald L. Perlman, J. Jay Caraway, Blanchard, Walker, O'Quin & Roberts, Larkin E. Greer, W. Glen Mangham, Shreveport, for respondents.

DENNIS, Justice.

The question presented by this wrongful death and survival action is whether a police jury in discharging its statutory obligation to establish a polling place in a suitable building having proper facilities owes a duty to voters to inspect the premises for forseeably dangerous conditions and take reasonable precautions to protect them from dangers which are reasonably discoverable. The lower courts exonerated the police jury from liability to the survivors of an 86-year old voter who fell and was fatally injured on a defectively arranged step, holding that the jury was under no duty to inspect the premises and take precautions against reasonably discoverable dangers. We reverse. A police jury is required to establish a polling place for each precinct in a "suitable ... building * * * having proper facilities." In view of constitutional and statutory standards regarding citizens' rights of voting and access to public facilities, a suitable polling place having proper facilities must be reasonably safe, accessible, and convenient to voters, including the aged and handicapped. Consequently, before establishing a polling place, a police jury is obliged to inspect the premises for any condition foreseeably presenting an unreasonable risk of harm to voters and to exercise reasonable care to protect voters from such dangers that are reasonably discoverable.

Betty T. Burgess, age 86, fell from a step at a polling place in a Shreveport fire station where she had gone to vote in an election on December 8, 1979. She died on *692 March 21, 1981 as the result of her injuries and further complications. Mrs. Burgess's daughter, Elizabeth Burgess Maffett, was substituted as plaintiff in this suit originally filed by Mrs. Burgess.

The Caddo Parish Police Jury designated the fire station as a polling place for the election. The jury had designated the station for elections regularly for about 34 years. The jury did not inspect the premises to determine whether they were suitable as a polling place before the election.

On the December day Mrs. Burgess fell, the large garage doors of the fire station's engine room containing the voting booths were closed because of cold weather. Voters were invited to enter the fire station through the adjoining living quarters and enter the engine room through an inner doorway. Because the engine room floor was lower than the living quarters, voters had to pass through the inner doorway and descend a six inch step located just inside the engine room. The evidence tended to show that the lighting at this place was inadequate and that the floors of the two rooms appeared to be level because they were painted the same hue. There was no warning sign or hand rail. Although an entrance at the back of the engine room on the same level was available, voters were not directed to this safer alternative.

Mrs. Burgess fell attempting to traverse the inner doorway and step into the engine room. The trial court found that the arrangement of the step and other circumstances presented an unreasonable risk of harm to voters, that the city and the state were joint custodians of the premises during the election, that the city firemen and state election commissioners were guilty of negligence in not warning, assisting or guiding Mrs. Burgess with respect to the dangerous step, that the defective premises and the negligence of these persons concurrently caused the accident, and that Mrs. Burgess was not contributorily negligent. Accordingly, the trial court concluded that the city and state were solidarily liable for the damages resulting from the accident both as custodians of the defective thing and as employers of the negligent employees.

The trial court held that the Caddo Parish police jury was not responsible for the accident because, first, it owed no duty to use reasonable care to protect voters by inspecting the premises for defects such as the unreasonably dangerous step arrangement and, second, the jury was not a custodian of the defective premises. Because the City of Shreveport had settled with plaintiffs and had obtained a release prior to trial, the trial court rendered judgment against the state only for one-half of the damages resulting from the accident. The court of appeal affirmed tacitly approving the trial court holdings. We granted writs to review primarily the decisions as to the police jury's liability and the size of the judgment.

We have reviewed the record and conclude that the trial court's decision as to the liability of the city and the state was not manifestly erroneous or incorrectly affirmed. The trial court's decision that the police jury was not legally responsible, however, was based upon an erroneous view of the law as to the governing authority's duty to inspect a site before designating it as a polling place. Because this error alone requires a reversal of the previous courts' decisions, it is not necessary for us to consider the question of whether the police jury may be regarded as a custodian of a polling place during an election. The awards for pain and suffering and wrongful death are inadequate and will be increased to the lowest reasonable amounts.

The statutory scheme governing the administration of elections imposes complementary duties upon state and local governments. The parish governing authority has a duty to establish polling places by selecting and designating a location within each precinct. La.R.S. 18:533. The state election commissioners are responsible for conducting elections at each polling place, enforcing the election laws, and maintaining order at the polling place during the election. La.R.S. 18:425(C). Under a statute enacted after the accident *693 in this case, all public bodies are expressly required to allow the use of public buildings as voting precincts without cost or charge when the parish governing authority requires it. La.R.S. 18:533(B)(1) (Supp. 1984).

As part of its election function, the parish governing authority is obliged to establish one polling place for each precinct and to locate it in a "suitable public building, or, if none is available, then on private property." La.R.S. 18:533(A), (B)(1). If a building having "proper facilities" cannot be found, a location within the nearest precinct having a suitable building may be selected. La.R.S. 18:533(B)(2). Accordingly, the police jury has a duty to establish a polling place in a suitable building having proper facilities and to refrain from locating a polling place in any site lacking in these criteria.

The constitutional and statutory provisions relative to voting and access to public facilities indicate the basic requisites of a "suitable" polling place "having proper facilities". Every citizen eighteen years of age has the right to register and vote, unless he has been declared incompetent or convicted of a felony. La. Const. art. 1 § 10. He also has the right to access to public facilities free from arbitrary, capricious or unreasonable discrimination based on age or physical condition.

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