Gautreau v. Washington

672 So. 2d 262, 1996 WL 155279
CourtLouisiana Court of Appeal
DecidedApril 4, 1996
Docket95 CA 1731
StatusPublished
Cited by12 cases

This text of 672 So. 2d 262 (Gautreau v. Washington) 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
Gautreau v. Washington, 672 So. 2d 262, 1996 WL 155279 (La. Ct. App. 1996).

Opinion

672 So.2d 262 (1996)

Wanda Gautreau and Gary GAUTREAU
v.
Roderick WASHINGTON and State Farm Fire and Casualty Insurance Company.

No. 95 CA 1731.

Court of Appeal of Louisiana, First Circuit.

April 4, 1996.
Writ Denied June 28, 1996.

*263 Vincent J. Sotile, Jr., Gonzales, for Plaintiffs-Appellants Wanda Gautreau and Gary Gautreau.

John W. Perry, Jr., Baton Rouge, for Defendants-Appellees Roderick Washington and State Farm Fire and Casualty Insurance Company.

Before CARTER and PITCHER, JJ., and CRAIN, J. Pro Tem.[1]

*264 PITCHER, Judge.

Plaintiffs, Wanda Ann Gautreau and Gary Gautreau, appeal from the trial court's judgment, granting a motion for summary judgment in favor of defendants, Roderick Washington and State Farm Fire and Casualty Insurance Company. We affirm.

FACTS AND PROCEDURAL HISTORY

On March 6, 1994, Wanda Ann Gautreau (Mrs. Gautreau) participated in a horse show sponsored by Southern University at Farr Park in Baton Rouge, Louisiana. As Mrs. Gautreau and her horse arrived at the eastern entrance leading into the arena, Mrs. Gautreau found that the entrance was congested. This entrance controlled both the ingress and egress to the arena. Because of the congestion, Mrs. Gautreau decided to wait with her horse at the outer end of the entrance.

While Mrs. Gautreau and her horse were waiting, Roderick Washington (Mr. Washington) and his horse, Poco Boy Dixon, arrived at the same entrance.[2] While in this entrance area, a horse exiting the arena brushed up against Mr. Washington's horse on two occasions. As a result of this contact, Mr. Washington's horse turned around, rared up and kicked two or three times, striking Mrs. Gautreau once on the hip.

On August 31, 1994, Mrs. Gautreau and her husband, Gary Gautreau, filed a petition for damages, alleging that Mr. Washington was negligent and strictly liable for her injuries. Mr. Washington and his insurer, State Farm Fire and Casualty Insurance Company (State Farm), were named as defendants. Mr. Washington and State Farm filed an answer on September 21, 1994, and a motion for summary judgment on December 13, 1994. Mr. Washington and State Farm alleged that Mr. Washington was statutorily immune from any liability resulting from the incident.

A hearing was held on March 23, 1995. Following the hearing, the trial court granted the motion for summary judgment in favor of Mr. Washington and State Farm. Mr. and Mrs. Gautreau appeal and allege the following assignments of error:

1. Whether or not a genuine issue of material fact exists as to whether the requirements of LSA-R.S. 9:2795.1, subsections (E) and (F) were satisfied, and concomitantly, whether disputed issues of material facts [exist] as to whether the defendants should be precluded from invoking the privilege of immunity established by subsection (B) of said statute, as mandated by subsection (G), in the event that the requirements of subsections (E) and (F) are not satisfied.
2. Whether or not there is a genuine issue of material fact warranting reversal of summary judgment based on the drafters' of LSA-R.S. 9:2795.1 intent to hold "participants" in equine activities accountable for negligent injury of fellow "participants" by reserving the immunity privilege established in subsection (B) exclusively for an "equine activity sponsor, equine professional and any other person, which shall include a corporation or partnership," and by making the conspicuous posting of the notice of warning and liability disclaimer provided in subsection (F) a sine qua non for invocation of the immunity privilege.
3. Whether or not there exists a genuine issue of material fact warranting reversal of summary judgment based on [defendant's] conduct, which reflected "willful and wanton disregard" for the safety of plaintiff and caused her injury.

SUMMARY JUDGMENT

It is well settled that the granting of a summary judgment is proper only when the pleadings, depositions, answers to interrogatories, and admissions on file, together with affidavits, if any, show there is no genuine issue of material fact and that the mover is entitled to judgment as a matter of law. LSA-C.C.P. art. 966; Lewis v. Diamond Services Corporation, 93-1150, p. 5 (La.App. 1st Cir. 5/20/94), 637 So.2d 825, 828, writ denied, 94-1638 (La. 10/14/94), 643 So.2d 159. The burden is upon the mover for summary judgment to show that no genuine issues of material *265 fact exist, and only when reasonable minds must inevitably conclude that mover is entitled to judgment as a matter of law is summary judgment warranted. Ledet v. Quality Shipyards, Inc., 615 So.2d 990, 992 (La.App. 1st Cir.1993).

Summary judgments are not favored, and reasonable doubt should be resolved against the mover. In determining whether material issues have in fact been disposed of, any doubt is to be resolved against granting the summary judgment and in favor of trial on the merits. O'Quinn v. Power House Services, Inc., 633 So.2d 707, 710 (La.App. 1st Cir.1993).

ASSIGNMENT OF ERROR NUMBER TWO

In this assignment of error, Mr. and Mrs. Gautreau assert that there is a genuine issue of material fact as to whether or not the drafters of LSA-R.S. 9:2795.1B intended to hold "participants" in equine activities accountable for negligent injury to fellow "participants" by reserving the privilege of immunity established in subsection B exclusively for an "equine activity sponsor, equine professional and any other person, which shall include a corporation or partnership".

Specifically, Mr. and Mrs. Gautreau argue that the language "any other person" in subsection B of LSA-R.S. 9:2795.1 does not provide a privilege of immunity to participants whose negligence causes injury to other participants. On the other hand, Mr. Washington argues that he falls within the category of "any other person" under subsection B and is entitled to the privilege of immunity.

LSA-R.S. 9:2795.1B provides as follows:

* * * * * *
B. Except as provided in Subsection C of this Section, an equine activity sponsor, an equine professional, or any other person, which shall include a corporation or partnership, shall not be liable for an injury to or the death of a participant resulting from the inherent risks of equine activities and, except as provided in Subsection C of this Section, no participant or participant's representative shall make any claim against, maintain an action against, or recover from an equine activity sponsor, an equine professional, or any other person for injury, loss, damage, or death of the participant resulting from any of the inherent risks of equine activities.

LSA-R.S. 9:2795.1B provides an immunity from liability to "an equine activity sponsor, an equine professional, or any other person, which shall include a corporation or partnership." However, LSA-R.S. 9:2795.1 does not set forth a definition for "person". According to Black's Law Dictionary, "person" means "in general usage, human being (i.e. natural person), though by statute term may include a firm, labor organizations, partnerships, associations, corporations...." See Black's Law Dictionary 1028 (5th ed.1979). Clearly, Mr. Washington falls within the definition of "person".

LSA-R.S. 9:2795.1 was originally enacted by Senate Bill No. 627, Act No. 351 of the 1992 Legislative Session. In reviewing Senate Bill No. 351, LSA-R.S.

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Cite This Page — Counsel Stack

Bluebook (online)
672 So. 2d 262, 1996 WL 155279, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gautreau-v-washington-lactapp-1996.