Reider v. State Ex Rel. La. Bd. of Trustees

897 So. 2d 893, 2005 WL 545142
CourtLouisiana Court of Appeal
DecidedMarch 9, 2005
Docket04-1403
StatusPublished
Cited by8 cases

This text of 897 So. 2d 893 (Reider v. State Ex Rel. La. Bd. of Trustees) 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
Reider v. State Ex Rel. La. Bd. of Trustees, 897 So. 2d 893, 2005 WL 545142 (La. Ct. App. 2005).

Opinion

897 So.2d 893 (2005)

Heather REIDER
v.
STATE of Louisiana, through the LOUISIANA BOARD OF TRUSTEES, FOR STATE COLLEGES AND UNIVERSITIES, through McNEESE STATE UNIVERSITY.

No. 04-1403.

Court of Appeal of Louisiana, Third Circuit.

March 9, 2005.

*894 Charles C. Foti, Jr., Attorney General, Elizabeth B. Hollins, Lake Charles, Louisiana, for Defendant/Appellant: State of Louisiana, through Board of Trustees, For State Colleges and Universities, through McNeese State University.

David D. Palay, Jr., Alvin D. Hunt, Lake Charles, LA, for Plaintiff/Appellee: Heather Reider.

Court composed of JOHN D. SAUNDERS, OSWARD A. DECUIR and JAMES T. GENOVESE, Judges.

GENOVESE, Judge.

The State of Louisiana through its Board of Trustees for State Colleges and Universities through McNeese State University ("McNeese") appeals the $485,000.00 judgment rendered pursuant to jury verdict finding negligence and awarding damages to Plaintiff, Heather Reider ("Reider"). We affirm.

FACTS

On April 16, 1997, Heather Reider, desiring to attend a baseball game between McNeese State University and Rice University, approached the main entrance ticket booth along the third base line of McNeese's baseball field in Lake Charles, Calcasieu Parish, Louisiana. While Ms. Reider was approaching and near the ticket booth, she was struck in her right eye by an errant foul ball. The impact caused a complete fracture and implosion of the zygomatic structure of her right eye, laceration of the inner part of her right eyelid, and permanent macular blindness resulting in permanent 10/200 vision in her right eye. Ms. Reider sued McNeese for her personal injury.

The matter proceeded to trial by jury on April 26, 2004, with the jury awarding damages as follows:

Past and present pain, suffering,           $ 75,000.00
  physical and mental anguish
Future pain, suffering, physical            $ 25,000.00
  and mental anguish
Loss of enjoyment of life                   $200,000.00
Permanent Disability                        $100,000.00
Medical expenses, past and future           $ 85,000.00
                            Total           $485,000.00
McNeese appeals.

*895 ISSUES

The issues raised by McNeese in this appeal are (1) whether the jury correctly found an unreasonably dangerous condition existed at its baseball park; (2) whether the jury correctly found McNeese had prior knowledge of said unreasonably dangerous defect; (3) whether the trial judge prejudiced the jury against McNeese by prohibiting the testimony of its expert witness, Jeff Peterson; (4) whether the conduct of the trial judge prejudiced the jury against McNeese; and (5) whether the jury abused its discretion and incorrectly awarded general and special damages to Plaintiff.

THE STANDARD OF APPELLATE REVIEW

The standard of review which we must apply in examining the factual conclusions of a trier of fact was articulated by our supreme court in Rosell v. ESCO, 549 So.2d 840 (La.1989), and reiterated in Stobart v. State, through Dep't of Transp. and Dev., 617 So.2d 880, 882 (La.1993):

A court of appeal may not set aside a trial court's finding of fact in the absence of "manifest error" or unless it is "clearly wrong." Rosell v. ESCO, 549 So.2d 840 (La.1989). This court has announced a two part test for reversal of a factfinder's determinations:
1) The appellate court must find from the record that a reasonable factual basis does not exist for the finding of the trial court, and
2) the appellate court must further determine that the record establishes that the finding is clearly wrong (manifestly erroneous).
....
... [T]he issue to be resolved by a reviewing court is not whether the trier of fact was right or wrong, but whether the factfinder's conclusion was a reasonable one.
....
Even though an appellate court may feel its own evaluations and inferences are more reasonable than the factfinder's, reasonable evaluations of credibility and reasonable inferences of fact should not be disturbed upon review where conflict exists in the testimony. Rosell v. ESCO, 549 So.2d 840 (La.1989); Arceneaux v. Domingue, 365 So.2d 1330 (La.1978). However, where documents or objective evidence so contradict the witness's story, or the story itself is so internally inconsistent or implausible on its face, that a reasonable factfinder would not credit the witness's story, the court of appeal may find manifest error or clear wrongness even in a finding purportedly based upon a credibility determination. Rosell, 549 So.2d at 844-45. Nonetheless, this Court has emphasized that "the reviewing court must always keep in mind that `if the trial court or jury's findings are reasonable in light of the record reviewed in its entirety, the court of appeal may not reverse, even if convinced that had it been sitting as the trier of fact, it would have weighed the evidence differently.'" Housley v. Cerise, 579 So.2d 973 (La.1991) (quoting Sistler v. Liberty Mutual Ins. Co., 558 So.2d 1106, 1112 (La.1990)).

In light of these legally stated principles, we have examined the record of these proceedings.

LAW AND DISCUSSION

After a thorough review of the voluminous record, we find that there was sufficient proof for reasonable persons to resolve the liability question in favor of the Plaintiff and in accordance with the substantive law set forth in La.R.S. 9:2800 and La.Civ.Code art. 2317.

*896 Louisiana Civil Code Article 2317 provides:

We are responsible, not only for the damage occasioned by our own act, but for that which is caused by the act of persons for whom we are answerable, or of the things which we have in our custody. This, however, is to be understood with the following modifications.

Louisiana Revised Statutes 9:2800 provides, in pertinent part:

A. A public entity is responsible under Civil Code Article 2317 for damages caused by the condition of buildings within its care and custody.
B. Where other constructions are placed upon state property by someone other than the state, and the right to keep the improvements on the property has expired, the state shall not be responsible for any damages caused thereby unless the state affirmatively takes control of and utilizes the improvement for the state's benefit and use.
C. Except as provided for in Subsections A and B of this Section, 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 constructive notice of the particular vice or defect which caused the damage prior to the occurrence, and the public entity has had a reasonable opportunity to remedy the defect and has failed to do so.
D. Constructive notice shall mean the existence of facts which infer actual knowledge.

Unreasonably Dangerous Condition and Notice

The standard of care owed by McNeese to patrons of its baseball park is found in La.R.S. 9:2800.

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Bluebook (online)
897 So. 2d 893, 2005 WL 545142, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reider-v-state-ex-rel-la-bd-of-trustees-lactapp-2005.