Mason v. MONROE CITY SCHOOL BD.

996 So. 2d 377, 2008 WL 4225955
CourtLouisiana Court of Appeal
DecidedSeptember 17, 2008
Docket43,595-CA
StatusPublished
Cited by3 cases

This text of 996 So. 2d 377 (Mason v. MONROE CITY SCHOOL BD.) 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
Mason v. MONROE CITY SCHOOL BD., 996 So. 2d 377, 2008 WL 4225955 (La. Ct. App. 2008).

Opinion

996 So.2d 377 (2008)

Kenneth and Brenda MASON, et al., Plaintiffs-Appellants
v.
MONROE CITY SCHOOL BOARD and The City of Monroe, Defendants-Appellees.

No. 43,595-CA.

Court of Appeal of Louisiana, Second Circuit.

September 17, 2008.

*378 Newman & Oliveaux by Todd G. Newman, Trey N. Magee, Monroe, for Appellants Kenneth Mason, Brenda Mason, Brelynn Mason and Kenneth Mason, Jr.

Allen & Gooch by S. Jacob Braud, Lafayette, The Lawrence Law Firm by L. Douglas Lawrence, Bastrop, for Appellee Monroe City School Board.

Kevin D. Alexander, Monroe, for Appellee Community Youth Activity Sports Inc.

Before STEWART, CARAWAY and PEATROSS, JJ.

STEWART, J.

The plaintiffs, Kenneth and Brenda Mason, individually, and Kenneth Mason on behalf of his minor children (hereafter "the Masons"), filed suit against the defendant, the Monroe City School Board ("MCSB"), for damages resulting from injuries sustained by the minor child, Brelynn Mason, who fell down the bleachers while attending a ball game at Carroll High School. The trial court granted a summary judgment in favor of MCSB upon finding that the plaintiffs did not produce any evidence to establish a genuine issue for trial as whether there was a defect in the bleachers or whether MCSB had notice of any defect. We affirm.

FACTS

While attending a "pee-wee" football game at Carroll High School on November *379 9, 2002, Brelynn Mason fell down the steps of the bleachers, through the rail at the foot of the bleachers, and came to rest on a concrete surface. Seeking compensation for the injuries Brelynn sustained, her parents filed suit against MCSB and the City of Monroe. In an amended petition, they added Community Youth Activity Sports, Inc., ("CYAS"), the sponsor of the game, as a defendant. The claims against the City of Monroe were eventually dismissed.

In the petition, the Masons alleged that Brelynn "lost her footing and fell down the stairs." They asserted that the bleachers were "unreasonably dangerous in design, construction, and maintenance." Specifically, the petition alleged that the steps of the bleachers lacked "adequate traction guards" and that the front of the bleachers lacked "proper safety guards ... to prevent people or things from falling through." The Masons claimed that MCSB had notice of the defects and an opportunity to remedy them prior to the accident.

In its answer, MCSB denied the existence of a defect. Alleging improper supervision, MCSB filed a cross-claim against CYAS and a reconventional demand against the Masons. MCSB also filed an exception of nonjoinder regarding the persons who designed and constructed the bleachers. CYAS filed its own cross-claim against MCSB alleging that it was solely responsible for maintaining the premises where the accident occurred.

Over three years after the suit was filed, MCSB filed a motion for summary judgment seeking to have the Masons' claims dismissed. The motion argued that the bleachers were not defective and did not pose an unreasonable risk of harm. MCSB also asserted that it had neither actual nor constructive notice of any defect and no opportunity to remedy any alleged defect. In support of the motion for summary judgment, MCSB offered two affidavits.

The first affidavit is that of Roger D. White, custodian and building supervisor at Carroll High School since 1999. White was present at the game and witnessed Brelynn's fall. The affidavit relates that White observed Brelynn "running down the steps of the football stadium, while playing and being chased by another child, at the time the fall occurred." Prior to the fall, White had asked her to stop running, and he observed that family members with the child did nothing to stop her from running. White attested to his familiarity with the bleachers and the condition of the steps. He had not observed and was not aware of any defect in the steps or guardrails of the bleachers.

The second affidavit was that of Robert C. Johnson, who served as principal of Carroll High School from September 1998 through July 2003. Though Johnson was on the school's premises when the accident occurred, he did not witness it. However, his affidavit relates that he is familiar with the area where she fell and that he neither observed nor was aware of any defects in the steps, guardrails, design, or construction of the stadium. Furthermore, Johnson was not aware of any similar incidents occurring before or after Brelynn's fall.

In opposition, the Masons argued that whether there was a defect that created an unreasonable risk of harm and whether MCSB had notice and failed to remedy the unsafe condition are material issues of fact for trial. The Masons asserted that resolution of these issues would turn on credibility determinations that are inappropriate on summary judgment. The affidavits of LaSheila Jordan, Brelynn's godmother, and Sarah Campbell Philips, Jordan's friend, were offered by the Masons. Brelynn had attended the game with the two women. The Masons argued that these *380 affidavits contradict those offered by MCSB.

The affidavit of LaSheila Jordan explained that Brelynn met other little girls at the game and began playing with them. Jordan "did not see any of the children being unruly or running up and down the steps." The affidavit relates that Brelynn came up the steps to where Jordan and Campbell were sitting to get something for her doll. As Brelynn walked back down the steps to the other girls, she fell. Jordan said that Brelynn tried to catch herself by reaching for the guardrail but that she fell through the rails to the concrete below. Jordan attested, "I do not recall seeing any type of safety tape on the steps."

The affidavit of Sarah Philips relates the same basic facts as in Campbell's affidavit. Philips did not see the children running on the steps. She recalled that Brelynn came up to get something for her doll and then headed down the steps to join the girls. Philips affidavit states that Brelynn was walking when she slipped and fell. She reached for the rail, but fell through it. Philips attested, "I noticed that the steps had no traction tape or any other type of safety tape."

The motion for summary judgment was argued on November 27, 2007, after which the trial court explained its reasons for granting the judgment. The trial court found that the Masons "failed to come forward with a prima facie case, showing that there was either notice or that there was a vice or defect." The trial court found no facts in dispute about the condition of the steps or the guardrail and noted that there was no showing based on personal knowledge of any defect. A judgment dismissing the Masons' claims against MCSB was signed December 7, 2007. The trial court designated the judgment a final judgment pursuant to La. C.C.P. art. 1915.[1] This appeal by the Masons followed.

DISCUSSION

A summary judgment is subject to a de novo review on appeal applying the same criteria as the trial court in determining whether summary judgment is appropriate. Gray v. American Nat. Property & Cas. Co., XXXX-XXXX (La.2/26/08), 977 So.2d 839. A summary judgment shall be granted if the "pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to material fact, and that mover is entitled to judgment as a matter of law." La. C.C.P. art. 966(B).

The burden of proof remains with the party who moved for summary judgment. La. C.C.P. art. 966(C)(2).

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