Burnes v. Caddo Parish School Board

146 So. 3d 270, 2014 WL 2875071, 2014 La. App. LEXIS 1620
CourtLouisiana Court of Appeal
DecidedJune 25, 2014
DocketNo. 49,181-CA
StatusPublished
Cited by1 cases

This text of 146 So. 3d 270 (Burnes v. Caddo Parish School Board) 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
Burnes v. Caddo Parish School Board, 146 So. 3d 270, 2014 WL 2875071, 2014 La. App. LEXIS 1620 (La. Ct. App. 2014).

Opinion

PITMAN, J.

| j Plaintiff, Mary Burnes, appeals the judgment of the trial court in favor of Defendant, Caddo Parish School Board, which found that a wooden doorstop did not create an unreasonable risk of harm and was not the cause-in-fact of Plaintiffs trip and fall and which dismissed her suit. For the following reasons, we affirm.

FACTS

On June 3, 2008, Plaintiff went to the Donnie Bickham Middle School Student Center to attend a meeting regarding the Haynesville Shale discovery. Defendant owns and operates the school and allows outside groups to use the campus for vari[272]*272ous activities. As Plaintiff and her daughter, Mary Elizabeth Flores, arrived at the center, there were four doors through which they could enter. The women tried to open the three doors to the right (doors number two, three and four), but they were locked. A custodian, Johnny Grant, was working inside the building. He saw them through the doors, which were glass on the top, and pointed to the only door they had not tried to open as the one they should come through (door number one, which would have been located on their far left). As Plaintiff stepped from door number two to door number one, she fell.

Plaintiff claimed she tripped on a wooden doorstop bolted to the cement floor between the locked door and the unlocked one. She was taken by EMS to Willis-Knighton Bossier Hospital (“WK Hospital”). X-rays revealed that she had a sub-capital femoral neck fracture to her left hip. She had endoprosthetic hip replacement surgery on June 4, 2008. On April 9, 2009, she underwent a total hip replacement. On September 28, 2011, | ^Plaintiff underwent another surgery to repair a preexisting back condition, which she claimed had been aggravated or exacerbated by her fall at the school.

Plaintiff filed suit against Defendant, alleging that it was liable to her for her injuries pursuant to La. R.S. 9:2800, which provides that a public entity is responsible under La. C.C. art. 2317 for damages caused by the condition of buildings within its care and custody. At trial, Plaintiff and her daughter testified regarding the facts above and also testified that Plaintiff has a history of medical problems including diabetes, loss of vision due to diabetic retinopathy, cataracts and a blind spot in the center of her vision in her right eye. Plaintiff also had back pain which preceded her accident at the school and for which she obtained a handicapped license plate in March 2007 to reduce the distance she would have to walk from her car to her place of work as manager of a General Nutrition Center.

Plaintiff testified regarding her injuries in the accident, and her attorney pointed out that the medical records from WK Hospital indicated in four separate places that her fall occurred at her home, rather than at the school. She and her daughter both testified that they could not explain why medical personnel at the hospital would write that in her record, since she had not fallen at her home, and, in fact, had fallen only twice in her life, decades before the accident at the school.

Custodian Grant testified that, after he motioned to the women to use door number one, he saw Plaintiff fall. He stated that he could not see ^whether she had tripped on the doorstop since he could see her only from the waist up through the glass in the upper portion of the door.

Cleo Shirley, a cafeteria employee at the school, testified that she had fallen over the wooden doorstop between doors number three and four in 2007, injuring her wrist, but stated that she considered' the fall her own fault because she was in a hurry and was not paying attention.

The record was left open for Plaintiffs safety expert, Dennis Howard, to testify by deposition. Mr. Howard’s deposition was subsequently submitted into evidence, but he did not indicate that Defendant had violated any governmental regulations concerning doorstops, nor did he testify that any standard concerning doorstops had been violated.

The principal of the school, Shannon Wall, testified for the defense and stated that the school is often used by different civic groups for meetings, pageants and sports activities and that these events are not held at any profit to the school. Mr. [273]*273Wall further testified that no one had ever complained that the wooden doorstops constituted a safety hazard. He stated that there is a very high volume of traffic through the doors with approximately 700 children passing through them multiple times per day, and there have never been any accidents reported by the students. Mr. Wall testified that the purpose of the wooden doorstops was to prevent a door from being thrown open and striking the face of the person entering or exiting the door next to it. When questioned by the trial court, Mr. Wall confirmed that the doors and doorstops were still in the same condition as they were on the day of the accident.

| ^ Kenneth Cochran was the first principal at the school when it was built in 1988. He testified that the original design of the student center called for two metal stops to be bolted to the concrete walkway, one between doors one and two, and the other between doors three and four. Because the metal stops had sharp edges and were positioned in the area of highest pedestrian traffic, Mr. Cochran was concerned about student safety in the event a student should fall on the metal stops. He testified that it was for that reason, in the first year of operation of the school, after a discussion with Risk Management Director Dewight Collier, that the metal stops were replaced with beveled brown wooden stops that were much larger than the metal ones. They were placed in the same location as the metal stops. Mr. Cochran testified that he did not recall any student being injured by the wooden stops in the 13½ years he served as principal.

After the evidence was presented, the trial court made a site visit to the school to view the scene of the accident. After analyzing the evidence and considering the deposition testimony of Plaintiffs safety expert and the post-trial memoranda filed by both parties, the trial court found that, while Plaintiff and her daughter testified that Plaintiff tripped over the wooden doorstop, the WK Hospital reports (where Plaintiff was taken after the accident) made no mention of the fall at the school. Instead, the hospital reports state that Plaintiff fell at home. The trial court also noted that custodian Grant was inside the school and could not see Plaintiffs lower body as she fell and could not know if she tripped over the wooden doorstop since his view was limited to the upper glass portion of the door.

IsThe trial court’s opinion stated that it did not find Plaintiff or her daughter to be credible witnesses for several reasons, including that it found their testimony to be evasive and inconsistent. The trial court also opined that its decision was based not only on their answers, but also on their demeanor while testifying. It pointed out that Plaintiff has a history of mobility difficulties and vision problems. Plaintiff was scheduled to have eye surgery the week she fell at the school because of a cataract in her left eye, cloudiness in her vision and a blind spot in her right eye. She also had retinopathy in both eyes caused by diabetes. The trial court further noted that both Plaintiff and her daughter had a considerable financial interest in this case since Plaintiffs social security check was the only income for the two of them and Ms. Flores’ two children.

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Bluebook (online)
146 So. 3d 270, 2014 WL 2875071, 2014 La. App. LEXIS 1620, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burnes-v-caddo-parish-school-board-lactapp-2014.