Dean v. Terrebonne Parish Police Jury

510 So. 2d 82, 1987 La. App. LEXIS 9877
CourtLouisiana Court of Appeal
DecidedJune 23, 1987
Docket86 CA 0725
StatusPublished
Cited by20 cases

This text of 510 So. 2d 82 (Dean v. Terrebonne 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
Dean v. Terrebonne Parish Police Jury, 510 So. 2d 82, 1987 La. App. LEXIS 9877 (La. Ct. App. 1987).

Opinion

510 So.2d 82 (1987)

Mr. Joseph DEAN and Mrs. Vernell Dean
v.
TERREBONNE PARISH POLICE JURY.

No. 86 CA 0725.

Court of Appeal of Louisiana, First Circuit.

June 23, 1987.

*83 Kerry Shields, New Orleans, for plaintiffs and appellants, Joseph and Vernall Dean.

Jerry L. Hermann, Houma, for defendant and appellee, Terrebonne Parish Police Jury.

Before SAVOIE, CRAIN and LeBLANC, JJ.

SAVOIE, Judge.

This is a personal injury suit for damages sustained in a slip and fall accident. Mrs. Vernell Dean (plaintiff) named as defendants the Terrebonne Parish Police Jury, now known as the Terrebonne Parish Consolidated Government (the Parish), and its insurer, United Fire and Casualty Insurance Company (United Insurance). Mr. Joseph Dean, plaintiff's husband, filed a claim for loss of consortium. The action against the Parish was tried solely by the judge, while United Insurance was subject to trial by jury during the same trial on the identical facts and issues. The jury found the Parish to be at fault and rendered a verdict in favor of plaintiff. However, the judge found the Parish free of fault and rendered judgment notwithstanding the verdict in favor of defendants and against plaintiff.

The alleged accident occurred on August 11, 1983. Plaintiff was about to exit the Terrebonne Parish Courthouse annex building when she slipped and fell near the Church and School Street exit. Plaintiff alleges that as a result of the fall she suffered substantial injuries, which later required a laminectomy. Thereafter, plaintiff filed this action alleging the fall was caused by the Parish's negligence in allowing water to remain on the floor near the doors.

The case went to trial before Judge Timothy C. Ellender and a six-member jury on October 2, 1985. At trial the following testimony was heard.

Testimony

Mrs. Dean testified that on August 11, 1983, she went to the food stamp office at the courthouse annex. She was wearing flip flop sandals at the time. Joseph Pellegrin, a friend, had given her a ride to the courthouse from Dulac and Eula Trahan, plaintiff's sister, accompanied them. She testified that at the time they left Dulac it was raining, but that it had stopped by the time they reached the courthouse. Mrs. Dean and Mr. Pellegrin left Mrs. Trahan waiting in the car while they went into the courthouse through the entrance at the corner of Church and School Streets. After getting her food stamps, she proceeded to the School Street entrance. Mr. Pellegrin walked a few steps behind her as they headed toward the entrance.

Mrs. Dean testified that when she was approximately three to four feet from the entrance, her right foot slipped. She fell down on her left knee, twisting her back as she fell. Mrs. Dean testified that she did not know what was on the floor. She stated that the floor was clear and shiny and that it was "sort of damp". Mrs. Dean stated that after getting into the car she noticed that her pants were wet at the knee. Mrs. Dean testified that she saw no "wet floor" signs near the entrance where she fell and that she could not remember if there was a floor mat at the entrance.

Mr. Pellegrin, plaintiff's eyewitness, testified that he saw Mrs. Dean fall approximately four feet from the entrance and *84 that the floor was shiny. However, he did not see any foreign object on the floor, nor did he see any liquid on the floor. He testified that he could not tell if the floor was wet or dry, but he did see a brownish skid mark on the floor where Mrs. Dean had fallen. Mr. Pellegrin did not see any floor mat at the entrance.

After Mrs. Dean's fall, Mr. Pellegrin helped her to a bench and went for assistance to the police jury insurance office. Deena Jaccuzzo Rodrigue, an insurance clerk, accompanied Mr. Pellegrin back to the accident scene. Mrs. Rodrigue testified that there was no foreign object of any kind on the floor and that the floor was completely dry. Neither Mrs. Dean nor Mr. Pellegrin told her that there was water on the floor. She was positive that there was a floor mat at the entrance but stated there was no "wet floor" sign. Mrs. Rodrigue did notice a black skid mark on the floor where Mrs. Dean had fallen.

After the fall Mrs. Dean left the courthouse in Mr. Pellegrin's car. Mrs. Eula Trahan testified that she noticed when Mrs. Dean got into the car that her pants leg was wet at the left knee. She testified that Mrs. Dean told her about the fall but that she had not mentioned falling or slipping on anything.

Lance Duplantis, the buildings and grounds superintendent for the parish, and Norman Payne, the night janitor foreman, testified regarding maintenance of the courthouse floors. The overall responsibility for maintenance of the courthouse belongs to Mr. Duplantis whose working hours are from 7:30 a.m. to 4:30 p.m. Mr. Payne, who worked from 3:30 p.m. to midnight, was in charge of the night crew. Since most of the maintenance and general cleaning of the courthouse was done at night after the building was closed to the public, Mr. Payne was chiefly responsible for cleaning and maintaining the floors in the courthouse annex.

According to Mr. Duplantis, the terrazzo floors of the courthouse annex were treated with Metalist floor finish which was used to preserve the floor, give it a shiny appearance, and to provide a slip resistant surface. Standard maintenance procedures established by the Parish involve stripping and resealing the floors once a year. According to Parish records, the floor had been stripped and resealed in October of 1982. Mr. Duplantis testified that, in addition to the yearly stripping and resealing, he directed that the floors be spray buffed at least once a month. This spray buffing was designed to keep up the shine on the floor and increase the skid resistance of the floor. The Parish kept records of each spray buffing only when it was done outside the employees' regular working hours. These records were kept only for purposes of overtime payment for the Parish employees. According to Parish records, the annex floors were spray buffed on July 4, 1983.

Mr. Payne, the night foreman, testified that he did the floor maintenance work in the courthouse annex. According to Mr. Payne, he tried to spray buff the floors once a week. He wet mopped the floors approximately three times a week. In the interim, the floors were dust mopped and spot mopped as needed. Since no complete records of spray buffing were kept, Mr. Payne could not testify how many times, if any, that the floors were spray buffed between July 4, 1983 and the date of the accident. He did admit that there were times when the floors were not spray buffed for more than a month. However, he testified that, even if the floors had not been spray buffed for five weeks, they would not have been slippery or unsafe.

According to Mr. Duplantis, daily maintenance of the courthouse begins when the day shift unlocks the doors and picks up the "wet floor" signs left out by the night crew. Cleaning of the floors during the day is performed on an as-needed basis. Mr. Duplantis' crew is instructed to immediately clean up anything they see on the floor. Mr. Duplantis testified that on rainy days the public does track in some rain water on their feet, rain gear, and umbrellas. The standard procedure employed on rainy days calls for the yard man to leave his duties immediately when rain begins and to place "wet floor" signs at all of the *85 entrances.

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510 So. 2d 82, 1987 La. App. LEXIS 9877, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dean-v-terrebonne-parish-police-jury-lactapp-1987.