Judy Jones v. BREC Foundation, City of Baton Rouge / Parish of East Baton Rouge, Recreation and Park Commission for the Parish of East Baton Rouge, John Doe, and ABC Insurance Company

Opinion

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

JUDY JONES NO. 2023 CW 0196

VERSUS

BREC FOUNDATION, CITY OF BATON ROUGE/ PARISH OF EAST BATON ROUGE, RECREATION AND

PARK COMMISSION FOR THE JUNE 14, 2023

PARISH OF EAST BATON ROUGE, JOHN DOE, AND ABC INSURANCE

COMPANY

In Re: The Recreation and Park Commission for the Parish of

East Baton Rouge, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 583052.

BEFORE: THERIOT, CHUTZ, AND HESTER, JJ.

WRIT GRANTED. The district court' s January 25, 2023 order

denying the motion for summary judgment filed by the defendant, The Recreation and Park Commission for the Parish of East Baton Rouge (" BREC"), is reversed. La. R. S. 9: 2800( 0) provides that

no person shall have a cause of action based solely upon

liability imposed under Civil Code Article 2317 against a public entity for damages caused by the condition of things within its care and custody unless the public entity had actual or

construction notice .., and a reasonable opportunity to remedy the defect." Further, under La. R. S. 9: 2800, the Louisiana Supreme

Court has held that "[ t] he plaintiff must establish ... actual or

constructive notice of the defect" and a failure to " take

corrective measures within a reasonable time." Lee v. State

Through Dept. of Transp. and Development, 97- 0350 ( La. 10/ 21/ 97), 701 So. 2d 676, 578. In this matter, the complained -

of area of the park was covered by grass, and there was no

evidence BREC had actual or constructive notice of an

unreasonably dangerous condition. Thus, we find the plaintiff,

Judy Jones (` Jones"), failed to produce factual support

sufficient to establish the existence of a genuine issue of

material fact as to actual or constructive notice of the alleged defect by BREC, which is an essential element of her claim.

Therefore, the motion for summary judgment filed by BREC is granted, and the claims by Jones against BREC are dismissed.

MRT

WRC CHH

COURT OF APPEAL, FIRST CIRCUIT

D TJ Y CLERK OF COURT FOR THE COURT