Elizabeth Strealy and Todd Strealy v. Board of Supervisors of Louisiana State University and A&M College

Opinion

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT

ELIZABETH STREALY AND TODD NO. 2026 CW 0500 OTREALY

VERSUS

BOARD OF SUPERVISORS OF LOUISIANA STATE UNIVERSITY AND A&M COLLEGE JULY 20, 2026

In Re: Board of Supervisors of Louisiana State University and A&M College ("LSU"), applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 715604.

BEFORE : THERIOT, PENZATO, AND BALFOUR, JJ.

WRIT GRANTED. The trial court’s March 31, 2026 judgment denying the motion for summary judgment of the Board of Supervisors of Louisiana State University and A&M College (“LSU”) is reversed. The deviation of which plaintiff complains is well within the 1 to 1.5 inches that Louisiana courts have found do not present an unreasonable risk of harm. Chambers v. Vill. of Moreauville, 2011- 898 (La. 1/24/12), 85 So.3d 593, 598; Boyle v. Board of Supervisors, Louisiana State University, 96-1158 (La. 1/14/97), 685 So.2d 1080, 1082-84; Williams v. Leonard Chabert Med. Ctr., 98-1029 (La. App. ist Cir. 9/26/99), 744 So.2d 206, 210, writ denied, 2000-0011 (La. 2/18/00), 754 So.2d 974. The deviation, located near the Barnes & Noble bookstore on LSU’s campus is a heavily trafficked area with no history of similar trip-and-fall accidents, which suggest that the likelihood and magnitude of potential harm were low. See Jefferson v. Nichols State Univ., 2019-1137 (La. App. Ist Cir. 5/11/20), 311 So.3d 1083, 1087, writ denied, 2020-00779 (La. 11/4/20), 303 So.3d 623. Plaintiffs, Elizabeth and Todd Strealy, have not met their burden of proof on summary judgment to demonstrate that the alleged defect was unreasonably dangerous or that LSU had actual or constructive notice of the defect. Accordingly, the motion for summary judgment filed by defendant, LSU, is granted, and plaintiffs’ claims against LSU are dismissed with prejudice.

MRT AHP KEB

EF COURT FOR THE COURT