Campbell v. Evangeline Parish Police Jury

164 So. 3d 408, 14 La.App. 3 Cir. 1301, 2015 La. App. LEXIS 907, 2015 WL 2088932
CourtLouisiana Court of Appeal
DecidedMay 6, 2015
DocketNo. 14-1301
StatusPublished
Cited by8 cases

This text of 164 So. 3d 408 (Campbell v. Evangeline Parish Police Jury) 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
Campbell v. Evangeline Parish Police Jury, 164 So. 3d 408, 14 La.App. 3 Cir. 1301, 2015 La. App. LEXIS 907, 2015 WL 2088932 (La. Ct. App. 2015).

Opinion

AMY, Judge.

|/The plaintiff contends that she slipped on a sidewalk outside the Evangeline Parish Medicaid Office and was injured as a result. The plaintiff and her husband filed suit against the owner of the building, the Evangeline Parish Police Jury, and the lessee of the building, the State of Louisiana, Department of Health and Hospitals. The lease between the Police Jury and the State contained an indemnity provision, and the plaintiffs filed a petition for declaratory judgment seeking a determination of whether the Police Jury would be responsible for damages pursuant to the indemnity provision or whether the State was responsible for damages because its employees assumed responsibility for the sidewalk. The trial court found that the State failed to notify the Police Jury about the condition of the sidewalk and that the State was liable for the plaintiffs injuries. The trial court also dismissed the Police Jury from the litigation. The State appeals. We affirm in part, reverse in part, and remand for further proceedings.

Factual and Procedural Background

According to the petition, Reba Campbell was walking on the sidewalk adjacent to the Evangeline Parish Medicaid Office when she slipped on a black or greenish area of the sidewalk and fell. Mrs. Campbell alleges that she was injured as a result. Both Mrs. Campbell and her husband, Brent Campbell, filed suit against the Evangeline Parish Police Jury, as the owner of the Medicaid Office building, and the State of Louisiana, Department of Health and Hospitals, as the lessee of the building. In its answer, the State asserted a cross-claim against the Police Jury on the basis that the lease between the State and the Police Jury provided that the Police Jury indemnify the State for any damages assessed due to |2the Police Jury’s negligence and that the lease required the Police Jury to maintain the sidewalks.

Thereafter, the plaintiffs filed a petition for declaratory judgment, seeking a determination of the rights of the parties under the lease, specifically whether the Police Jury was responsible under the provisions of the lease or whether the State had assumed responsibility for the sidewalks due to the actions of its employees. There was a hearing on that issue, at which the State’s request for involuntary dismissal was denied. Subsequently, the trial court found that, although the Police Jury was responsible for maintaining the building, the State had not notified the Police Jury about this particular problem. Further, the trial court found that the State “did not take sufficient steps to insure the safety of its patrons who frequented or used the Medicaid offices[.]” Thus, the trial court determined that the State was responsible to the plaintiffs for Mrs. Campbell’s injuries. The trial court also granted the Police Jury’s oral motion for judgment as a matter of law and dismissed the Police Jury from the suit.

The State appeals, assigning as error:

1. The trial court was manifestly erroneous in determining that the State as lessee is responsible for the injuries resulting to Campbell.
2. The trial court was manifestly erroneous in denying the state’s motion for judgment as a matter of law at the close of plaintiffs case.
3. The trial court was manifestly erroneous in determining that the police jury is not responsible for injuries caused by any defects in its premises which caused harm to Campbell.
4. The trial court committed legal error in dismissing a party after a hear[412]*412ing noticed for the limited purpose of hearing a petition for declaratory judgment.
5. The trial court committed legal error in dismissing the state’s cross claim for indemnity as there was no evidence to support any | ^conclusion other than the agreement between the parties to the lease was that the police jury defendant indemnify the state against any claim for damages resulting from the police jury’s negligence in failing to maintain the premises.

Discussion

Declaratory Judgment

The plaintiffs requested a declaratory judgment addressing whether the State or the Police Jury was liable to the plaintiffs for Mrs. Campbell’s injuries.1 Pursuant to La.Code Civ.P. art. 1871, “[cjourts of record within their respective jurisdictions may declare rights, status, and other legal relations whether or not further relief is or could be claimed.” Further, La.Code Civ.P. art. 1872 states that:

[a] person interested under a deed, will, written contract or other writing constituting a contract, or whose rights, status, or other legal relations are affected by a statute, municipal ordinance, contract or franchise, may have determined any question of construction or validity arising under the instrument, statute, ordinance, contract, or franchise and obtain a declaration of rights, status, or other legal relations thereunder.

Thus, the function of a declaratory judgment is to establish the rights of the parties or to express the court’s opinion on a question of law without ordering any relief. MAPP Constr., LLC v. Amerisure Mut. Ins. Co., 13-1074 (La.App. 1 Cir. 3/24/14), 143 So.3d 520. “Trial courts are vested with wide discretion in deciding whether or not to grant or refuse declaratory relief.” In re Interment of LoCicero, 05-1051, p. 4 (La.App. 4 Cir. 5/31/06), 933 So.2d 883, 886. However, where the judgment would terminate an uncertainty or controversy which gave rise to the proceeding, the trial court must render a declaratory judgment. Id. See also La.Code Civ.P. art. 1876. Accordingly, the appellate court is limited to a ^determination of whether the trial court abused its discretion in its grant of or refusal to render a declaratory judgment. Id.

Although the trial court’s determination about whether to issue a declaratory judgment is subject to the abuse of discretion standard, the judgment itself is still subject to the appropriate standard of review — questions of law are reviewed de novo and questions of fact are subject to the manifest error/clearly wrong standard of review. See Ranger Ins. Co. v. Shop Rite, Inc., 05-452 (La.App. 5 Cir. 1/17/06), 921 So.2d 1040.

Responsibility of the Police Jury for Maintenance

Here, the first issue the trial court was called upon to resolve was whether the indemnification term of the lease agreement between the State and the Police Jury was implicated. In order to resolve this issue, the trial court necessarily had to determine a) under what circumstances the Police Jury was responsible for maintenance of the sidewalk outside the Medicaid building, and b) whether the Police Jury was negligent in that maintenance.2

[413]*413In order to resolve the first question, the court must apply the general principles of contract interpretation. As stated by the supreme court in Clovelly Oil Co., LLC v. Midstates Petroleum Co., LLC, 12-2055, pp. 5-6 (La.3/19/13), 112 So.3d 187,192 (footnotes omitted):

“Contracts have the effect of law for the parties” and the “[i]nterpretation of a contract is the determination of the common intent of the parties.” The reasonable intention of the parties to a contract is to be sought by examining the words of the contract itself, and not assumed.

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Bluebook (online)
164 So. 3d 408, 14 La.App. 3 Cir. 1301, 2015 La. App. LEXIS 907, 2015 WL 2088932, Counsel Stack Legal Research, https://law.counselstack.com/opinion/campbell-v-evangeline-parish-police-jury-lactapp-2015.