Gooden v. Canal Place Ltd. Partnership

671 So. 2d 950, 95 La.App. 4 Cir. 1330, 1996 La. App. LEXIS 499, 1996 WL 112976
CourtLouisiana Court of Appeal
DecidedMarch 14, 1996
DocketNo. 95-CA-1330
StatusPublished

This text of 671 So. 2d 950 (Gooden v. Canal Place Ltd. Partnership) 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
Gooden v. Canal Place Ltd. Partnership, 671 So. 2d 950, 95 La.App. 4 Cir. 1330, 1996 La. App. LEXIS 499, 1996 WL 112976 (La. Ct. App. 1996).

Opinions

ItLANDRIEU, Judge.

Canal Place Complex (Canal Place) appeals from a judgment the trial court rendered in favor of Helen Gooden (Gooden). A jury determined that Canal Place was strictly liable for Gooden’s injury, awarded her damages of $125,555.55, and assigned 71% of the fault to Canal Place and 29% of the fault to Gooden.

For the reasons stated herein, we reverse the trial court’s judgment and dismiss plaintiffs suit.

STATEMENT OF THE FACTS

This case involves a slip and fall that occurred on November 10, 1989, when Gooden was descending steps onto the Glen Gardner Plaza of Canal Place. On the day of the accident, a Christmas tree was being erected in front of Canal Place and all pedestrian traffic entering the building had been routed through the plaza area. Gooden, who was described as “heavily obese”, was carrying hot lunches for delivery to employees in the building. A Canal Place security guard spotted Gooden as she approached a set of five steps. He realized that, because |2she was carrying a large box1 in front of her with both hands, she could not see the steps or use the handrail, and was going to have difficulty descending the steps. He rushed over to help her, but before he reached her she had fallen from the top of the steps. Gooden sustained a broken foot as a result of the fall.

Gooden sued Canal Place and its insurer for negligence alleging that she “slipped and fell on Christmas decorations” that had been left on the stairs and caused her to fall. More than three years later, Gooden amend[952]*952ed her complaint and added a claim under strict liability for a structural defect. Goo-den specifically claimed that she “was caused to slip and fall down upon the steps” because the “steps were loose, worn, depressed, broken and uneven; parts of the step were worn and broken away and the steps were slick and slippery and in a dangerous condition.” During the trial, Gooden waived any and all claims she had for negligence against Canal Place.

After a trial on the merits, the jury determined that a crack in the area surrounding the bottom of the steps was a defect which created an unreasonable risk and was the cause of Gooden’s fall. Canal Place appeals this decision asserting that there was insufficient evidence for the jury to conclude that the defect at the bottom area of the steps created an unreasonable risk of harm and was the proximate cause of the slip and fall accident. Both parties contend that the jury erred in assigning 29% of the fault to Goo-den.

DISCUSSION

Strict liability for damage caused by a defect in a building is established by the Louisiana Civil Code.2 To sustain such a claim, Gooden had to prove the Igsteps and surrounding area were in the care and custody of Canal Place, that the premises had a defect which created an unreasonable risk of harm, and that Gooden’s injury was caused by the defect in the steps. See Loescher v. Parr, 824 So.2d 441 (La.1975). Both parties stipulated that Canal Place had custody and control over the steps and the surrounding area where Gooden fell.

Defect and Unreasonable Risk of Harm

Canal Place asserts that there was insufficient evidence to prove the second element of strict liability, ie., that there was a defect in the steps that created an unreasonable risk of harm. Appellate review for sufficiency of the evidence begins with a review of the facts using the manifest error standard. Ambrose v. New Orleans Police Dep’t Ambulance Service, 93-3099 (La. 7/5/94) 639 So.2d 216, reh’ing denied, (Sept. 15, 1994).

Although Gooden claims Canal Place was strictly liability for broken and uneven steps, no evidence was introduced that the steps were defective. However, the emergency medical technician who attended to Gooden testified that he “kind of vaguely lookfed] around” and noticed that some of the slate tile at the base of the steps where Gooden had landed were cracked. He described the crack as looking like a spider web. He further testified that cracked slate was level with no raised areas or displaced pieces of slate. Canal Place’s security guard testified that he did not see a crack when he investigated the area.

Gooden presented evidence that a yellow caution sign, located about five to six feet away from where she had fallen, indicated both the seriousness of the defect and that Canal Place had knowledge of this defect. However, we find it | unrealistic for Canal Place to place a caution sign five to six feet away from the crack and then route all pedestrian traffic directly over the danger. We believe it more probable that the sign was to deny access to the area where the Christmas tree was being erected.

We do not agree with the trial court that the premises were defective and created an unreasonable risk of harm for which Canal Place should be strictly liable. However, even though an appellate court might believe its inferences from the facts are more reasonable than the fact finders, reasonable inferences of fact should not be disturbed on review where conflict exists in the testimony. Rosell v. ESCO, 549 So.2d 840, 844 (La.1989), on remand to, 558 So.2d 1360 (La.App. 4th Cir.1990), writ denied, 561 So.2d 105 (La.1990). Therefore, we do not disturb the fact finder’s determination and find no merit in this assignment of error.

[953]*953 Proximate Cause

Canal Place next argues that the jury erred in finding that the defect in the steps was the proximate cause of Gooden’s fall. To establish proximate cause, Gooden had to prove that her injuries more probably than not were caused by the crack at the bottom of the steps. We find that the jury was clearly wrong in determining that the crack at the bottom of the steps caused Gooden’s fall. No reasonable person hearing the evidence presented at trial could have determined that a crack in a piece of slate in the area surrounding the bottom of steps could have caused Gooden to fall down the steps.

The set of steps that Gooden was descending at the time of her fall had five steps. The evidence consistently and overwhelmingly shows that Gooden slipped when she misjudged her footing and fell to the bottom of the steps. Armando Vado, a former security guard at Canal Place, testified that he saw Gooden slip at the top of the steps and fall down the steps. His testimony was as follows:

IsA. At the time I was in Glen Gardner Plaza is where the accident occurred.... At the time when I looked to the left to the steps that comes from the shopping mall entrance into the office tower, I noticed a lady coming down the stairs carrying at the time what looked like lunches and things in a brown box.... I saw that she was not going to be able to make that first step, so when I went over to try and assist her to get her boxes and help her is when she just started falling, and I mean she just fell down the stairs.

Testimony omitted

Q. Do you know how many steps all total there are in the area where Mrs. Gooden fell?
A. Approximately four or five steps.
Q. Can you recall which of those four or five steps she actually fell upon or where the fall started?
A.

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671 So. 2d 950, 95 La.App. 4 Cir. 1330, 1996 La. App. LEXIS 499, 1996 WL 112976, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gooden-v-canal-place-ltd-partnership-lactapp-1996.