Politz v. Recreation and Park Com'n

619 So. 2d 1089, 1993 WL 146196
CourtLouisiana Court of Appeal
DecidedApril 23, 1993
DocketCA 92 0388
StatusPublished
Cited by10 cases

This text of 619 So. 2d 1089 (Politz v. Recreation and Park Com'n) 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
Politz v. Recreation and Park Com'n, 619 So. 2d 1089, 1993 WL 146196 (La. Ct. App. 1993).

Opinion

619 So.2d 1089 (1993)

Vicki Lynn POLITZ
v.
RECREATION AND PARK COMMISSION FOR the PARISH OF EAST BATON ROUGE.

No. CA 92 0388.

Court of Appeal of Louisiana, First Circuit.

April 23, 1993.
Rehearing Denied June 28, 1993.

*1090 Celia R. Cangelosi, Baton Rouge, for plaintiff-appellant Vicki Lynn Poltz.

Helen N. Crouse, Baton Rouge, for defendant-appellee Recreation and Park Com'n for the Parish of East Baton Rouge.

Before EDWARDS, SHORTESS and WHIPPLE, JJ.

WHIPPLE, Judge.

Plaintiff, Vicki Lynn Politz, appeals the trial court's granting of a motion for involuntary dismissal in favor of defendant, the Recreation and Park Commission for the Parish of East Baton Rouge (BREC), at the close of plaintiff's case. For the following reasons, we reverse and remand.

PROCEDURAL HISTORY

Plaintiff was employed by Brothers' Ace Hardware, a business owned by her husband, Gregory Politz, and her brother-in-law, Jerry Politz. Plaintiff played on the coed, slow pitch softball team sponsored by Brothers' Ace Hardware. She and her husband acted as the team managers, and Carl Robichaux was the team's coach. The accident *1091 at issue occurred on the evening of September 17, 1986, when the Brothers' Ace Hardware team began play on Independence Park field number 3 at 8:30 p.m. Shortly after the game began, plaintiff injured her right knee while playing softball, when her foot slipped or landed in a hole concealed under second base.

On September 16, 1987, plaintiff filed suit against BREC for recovery of damages sustained in the accident. BREC is a public corporation established by the legislature with the authority to own, develop and administer public recreational and park facilities. LSA-R.S. 33:4570 et seq. BREC is solely responsible for maintenance and administration of field number 3 at Independence Park, the field on which plaintiff was allegedly injured.

Plaintiff alleges she was injured as a result of the negligence of BREC in failing to maintain field number 3 in a safe and reasonable manner and in failing to adequately warn plaintiff of the danger.

A bench trial was held on September 5, 1991. At the close of plaintiff's case, BREC moved for a judgment of involuntary dismissal. During the trial, the trial court questioned whether plaintiff could prove her case by the impeached testimony of BREC employees and eventually granted BREC's motion, dismissing plaintiff's case with prejudice. In the judgment signed September 17, 1991, dismissing plaintiff's case, the trial court stated that BREC had satisfied its duty under the law and that "plaintiff was 100% liable for her injuries."

Plaintiff then filed a motion for new trial and to amend the judgment, which was denied by the trial court. From these judgments, plaintiff appeals, contending the trial court erred in granting BREC's motion for involuntary dismissal and in denying her motion for a new trial.

TRIAL TESTIMONY

At trial, plaintiff testified she was playing the position of second base on the night of the accident. She stated after her team was out in the field during the first inning, the umpire told the players to be careful because second base was "loose" and that they were not required to touch the base. According to plaintiff, the umpire did not say "do not touch the base," but merely said that the players were not required to step directly on it, as customarily required in the game.

Plaintiff explained that the bases on the field at Independence Park were the type that have a shaft connected to the base and a stationary receiver in the ground, into which the shaft fits. Thus, when the umpire said the base was "loose," plaintiff interpreted this statement to mean that the base was wobbly on its shaft. Plaintiff did not personally inspect the base prior to the game, stating that as team manager, she would make the determination of whether an independent investigation was needed based on the umpire's explanation of the problem. She testified that she did not inspect the base at that time because based on her twenty years' experience in softball, she knew how to react around a base that was loose.

Plaintiff was injured when she ran to cover second base as the shortstop threw her the ball. Mrs. Politz stated as she was approaching the base, she remembered the umpire saying the base was loose. Accordingly, she attempted to run toward the edge of the base so that she would barely touch it. As she attempted to catch the ball, her foot touched either solid ground right next to the base or the base itself. She stated she felt her heel going straight down into a hole, felt a "big snap," and fell. She was unable to complete the game and had to be carried off the field. Thus, she did not see the base area after she fell.

Jeff Barron was playing shortstop position and witnessed the accident. Barron testified he pitched the ball to plaintiff to cover second base, and as she caught the ball, stepping to second base, the base bag slipped out from under her. According to Barron, the force of plaintiff's foot coming into contact with the bag caused the bag to slide two to three feet from where it was originally positioned.

*1092 Barron also examined the second base area after plaintiff's fall. In the place where the bag had originally been, he observed a hole which he described as six to nine inches wide and six inches deep, a "rather large" hole, with the base bag just covering the hole. Although two games had been played on field number 3 earlier that evening, Barron was of the opinion that runners sliding into second base in the two earlier games could not have caused a hole of this size to develop, although earlier play could have contributed to its size. He explained that he had been playing baseball throughout his life and had never seen a hole of this size under a base in ordinary play. He also noted nothing had been holding the bag secure and that there was a hole where the shaft should have been. Barron was "surprised" by what he saw as the second base had appeared to be normal and secure prior to plaintiff's accident.

Janis Durbin was playing third base on the night of plaintiff's injury and also testified. She also recalled the plate umpire telling the players second base was loose and that it would be "okay to tag runners anywhere near the base". Durbin testified the umpire did not tell the players they were not to step on the base, but that it would be "okay" if they did not.

Gregory Politz, plaintiff's husband, testified that prior to the game, the plate umpire told the players second base was loose and that they should just step near it, rather than on it. According to Mr. Politz, he then asked the umpire if there was another field available. Although there was another field not in use, the umpire responded that their game was scheduled for field number 3, and play commenced on field 3.

Jerry Politz, plaintiff's brother-in-law, was in the dugout at the time plaintiff was injured and observed plaintiff running toward second base to receive a throw. At or about the time she received the ball, her leg collapsed and she fell to the ground. He also examined the second base area after plaintiff fell and testified the base was six inches to one foot away from where its original location. He also saw the hole where the base had been located, which he estimated to be ten to twelve inches in diameter, cone-shaped, and four to five inches deep.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

LeBOEUF v. LeCOMPTE
5 So. 3d 312 (Louisiana Court of Appeal, 2009)
Ducote v. Frank
924 So. 2d 1241 (Louisiana Court of Appeal, 2006)
Bessie Ducote v. Tony M. Frank
Louisiana Court of Appeal, 2006
McDaniel v. Carencro Lions Club
846 So. 2d 837 (Louisiana Court of Appeal, 2003)
Johnson v. EnviroBlast
804 So. 2d 924 (Louisiana Court of Appeal, 2001)
Kern v. River City Ford, Inc.
754 So. 2d 978 (Louisiana Court of Appeal, 1999)
Shepard v. Bradford
721 So. 2d 1049 (Louisiana Court of Appeal, 1998)
Foster v. Tinnea
705 So. 2d 782 (Louisiana Court of Appeal, 1997)
Galan v. Covenant House New Orleans
695 So. 2d 1007 (Louisiana Court of Appeal, 1997)
Sallis v. City of Bossier City
680 So. 2d 1333 (Louisiana Court of Appeal, 1996)
Bernard v. Great Atlantic & Pacific Tea Co.
645 So. 2d 1157 (Louisiana Court of Appeal, 1994)

Cite This Page — Counsel Stack

Bluebook (online)
619 So. 2d 1089, 1993 WL 146196, Counsel Stack Legal Research, https://law.counselstack.com/opinion/politz-v-recreation-and-park-comn-lactapp-1993.