Rodrigue v. Baton Rouge River Center

Supreme Court of Louisiana

Rodrigue v. Baton Rouge River Center

209 So. 3d 93, 2017 WL 362022, 2017 La. LEXIS 194

CourtSupreme Court of Louisiana

DecidedJanuary 25, 2017

DocketNO. 2016-CC-2075

StatusPublished

Cited by3 cases

This text of 209 So. 3d 93 (Rodrigue v. Baton Rouge River Center) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Rodrigue v. Baton Rouge River Center, 209 So. 3d 93, 2017 WL 362022, 2017 La. LEXIS 194 (La. 2017).

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Opinion

PER CURIAM

Granted. Under the facts presented, we find there are genuine issues of fact as to whether the dimly-lit stairwell was unreasonably dangerous, thereby precluding judgment as a matter of law. To the extent plaintiff was aware of the condition of the stairwell, the trier of fact may consider such evidence at trial for purposes of determining the percentage of fault, if any, to be assigned to plaintiff. See, e.g., Broussard v. State ex rel. Office of State Buildings, 2012-1238 (La. 4/5/13), 113 So.3d 175.

Accordingly, the judgment of the court of appeal is reversed, and the judgment of the district court denying summary judgment is reinstated. The case is remanded to the district court for further proceedings.

WEIMER, J., dissents and would deny. GUIDRY, J., would deny. CLARK, J. would deny.

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PER CURIAM

Granted. Under the facts presented, we find there are genuine issues of fact as to whether the dimly-lit stairwell was unreasonably dangerous, thereby precluding judgment as a matter of law. To the extent plaintiff was aware of the condition of the stairwell, the trier of fact may consider such evidence at trial for purposes of determining the percentage of fault, if any, to be assigned to plaintiff. See, e.g., Broussard v. State ex rel. Office of State Buildings, 2012-1238 (La. 4/5/13), 113 So.3d 175.

Accordingly, the judgment of the court of appeal is reversed, and the judgment of the district court denying summary judgment is reinstated. The case is remanded to the district court for further proceedings.

WEIMER, J., dissents and would deny. GUIDRY, J., would deny. CLARK, J. would deny.

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Bluebook (online)

209 So. 3d 93, 2017 WL 362022, 2017 La. LEXIS 194, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rodrigue-v-baton-rouge-river-center-la-2017.

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