Rosenberger v. Central La. Dist. Livestock Show, Inc.

312 So. 2d 300, 1975 La. LEXIS 3673
CourtSupreme Court of Louisiana
DecidedApril 24, 1975
Docket55495
StatusPublished
Cited by14 cases

This text of 312 So. 2d 300 (Rosenberger v. Central La. Dist. Livestock Show, Inc.) 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
Rosenberger v. Central La. Dist. Livestock Show, Inc., 312 So. 2d 300, 1975 La. LEXIS 3673 (La. 1975).

Opinion

312 So.2d 300 (1975)

Eddie ROSENBERGER
v.
CENTRAL LOUISIANA DISTRICT LIVESTOCK SHOW, INC., et al.

No. 55495.

Supreme Court of Louisiana.

April 24, 1975.
Rehearings Denied May 30, 1975.

*301 Jack A. Brittain, Brittain & Williams, Natchitoches, for plaintiff-applicant in third party demand.

James A. Bolen, Jr., Bolen & Halcomb, Alexandria, for defendants-respondents. in third party demand.

J. Michael Percy, Polk, Foote, Randolph, Percy & Ledbetter, Alexandria, for defendants-respondents.

*302 Chris J. Roy, Gravel, Roy & Burnes, Alexandria, for plaintiff-applicants.

Jack O. Brittain, Brittain & Williams, Natchitoches, for defendants-respondents in main demand.

CALOGERO, Justice.

Plaintiff, Eddie Rosenberger, a part-time rodeo contestant, was injured on February 20, 1971 while participating in a bareback bronco riding contest at the Rapides Parish Coliseum in Alexandria, Louisiana. The accident occurred when plaintiff's left knee struck the edge of a partially opened gate as plaintiff's assigned horse attempted to go through the gate. The injury to plaintiff's knee was serious, requiring surgery and resulting in some degree of permanent disability.

The rodeo in which plaintiff participated was sponsored and was being conducted by the Central Louisiana District Livestock Show, Inc. (hereinafter called Central). Central had leased the Rapides Parish Coliseum, including its rodeo equipment, from the Rapides Parish Coliseum Commission, an agency of the Rapides Parish Police Jury, and had hired Woodrow DeWitt under an oral contract to furnish the stock and organize and supervise the rodeo. DeWitt in turn had hired numerous additional employees including the rodeo boss, William Lewis. DeWitt had also had the rodeo sanctioned by the Louisiana Rodeo Association, Inc. of which all the rodeo contestants were members.

The lease from the Police Jury to Central prevented Central from subleasing the Coliseum to any other person. It further required that Central obtain insurance to cover any injuries or claims arising out of the use of the facility. In compliance with this provision of the lease, Central had secured a policy of liability insurance from Southern Farm Bureau Casualty Company. Plaintiff attempted to make Southern Farm Bureau a party defendant by offering a supplemental and amended pleading after the presentation of his case in chief. The trial judge refused to allow plaintiff to file the proceeding at that late stage in the trial. Consequently, the insurer of Central is not a party defendant in these proceedings.

Plaintiff's law suit was brought against Central, the Rapides Parish Police Jury and their insurer, Continental Insurance Company, Louisiana Rodeo Association, Inc., Woodrow DeWitt, and William Lewis. The trial court found negligence on the part of Central and the defendants DeWitt and Lewis, whom the court found to be employees of Central. The trial court further found no contributory negligence nor assumption of risk by plaintiff, and consequently granted judgment in plaintiff's favor in the sum of $33,679.54 against Central, DeWitt, and Lewis, jointly and in solido. The court found that the Louisiana Rodeo Association and the Rapides Parish Police Jury, and consequently its insurer Continental, were not liable and dismissed with prejudice the suit as to these defendants.

Central had filed third party actions against DeWitt, Lewis, the Louisiana Rodeo Association, and the Rapides Parish Police Jury to recover any amounts it might be condemned to pay plaintiff. DeWitt and Lewis had filed third party claims against the Police Jury and the Louisiana Rodeo Association for such amounts us they might be required to pay. The trial court dismissed all the third party claims with prejudice.

Only Central, DeWitt and Lewis appealed the trial court judgment. The Court of Appeal reversed and rendered judgment in favor of defendants, rejecting plaintiff's demands at his cost. They found that plaintiff had failed to prove negligence on the part of defendants and observed that even if defendants had been negligent, plaintiff would be barred from recovery because he assumed the risk of the type of accident which occurred. Rosenberger v. Central La. Dist. Livestock Show, Inc., 300 So.2d 626 (La.App. 3rd Cir. 1974).

*303 Writs were timely sought in this Court by plaintiff. We granted his application on November 22, 1974, 303 So.2d 175 (La.1974). On that same day (November 22), defendants Central, DeWitt and Lewis filed in this Court a pleading entitled Opposition to Application for Writs, in which defendants argued that plaintiff's application should not be granted. The pleading also contained an alternative application for writs. In the event that we should grant plaintiff's application, defendants Central, DeWitt and Lewis sought a writ of review so that all issues and all incidental demands (including the third party claims), could be considered. November 22, 1974, the date this pleading was filed, was forty-three days after denial of rehearing by the Court of Appeal. Under Rule X, Section 4(b) of the Rules of this Court, the application was late. Inasmuch as we have not heretofore acted upon the alternative writ application contained in defendants' opposition we do hereby deny the application without considering its merit because it was not timely filed. Consequently, the third party claims are not before us for resolution.

As evident from the foregoing, the principal issues are whether defendants Central, DeWitt, and Lewis were negligent, and alternatively, whether plaintiff assumed the risk of the injuries which he sustained. Our review of the record leads us to conclude that the decision of the trial judge was correct in regard to both issues.

Central, a non-profit corporation, was conducting its annual district livestock show for 4H and Future Farmers of America club members in the Rapides Parish area and in connection with that show had arranged for a rodeo to be held beginning February 20 in the Rapides Parish Coliseum in Alexandria. As earlier indicated Central employed DeWitt under an oral contract, under the terms of which DeWitt was to furnish the stock and was to organize and supervise the rodeo for Central. DeWitt in turn engaged Lewis and some fourteen additional employees to work under Lewis' supervision. The events leading up to plaintiff's injury were correctly summarized by the Court of Appeal as follows:

"A large number of contestants desired to participate in the rodeo, and it was impossible for all of them to compete during the `regular show,' that is, the part of the rodeo which was conducted before paid spectators. It was arranged, therefore, as is usually done under those circumstances, that the contestants who did not compete during the regular show would do so during the `slack' part of the rodeo, that is, during the period immediately after the regular show was over and after the spectators had left.
Plaintiff entered the bareback bronco riding contest. He was unable to compete during the regular show, but he did ride during the `slack' part of the rodeo, after the regular show had been completed, on February 20. At the time scheduled for him to participate, he mounted a horse in a bucking chute located in the northeast part of the oval shaped arena. When the chute was opened the bucking horse being ridden by plaintiff moved along the west side of and down to the south end of the arena.

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Bluebook (online)
312 So. 2d 300, 1975 La. LEXIS 3673, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rosenberger-v-central-la-dist-livestock-show-inc-la-1975.