Stephenson v. Commercial Travelers Ins.

893 So. 2d 180, 2005 WL 233815
CourtLouisiana Court of Appeal
DecidedFebruary 2, 2005
Docket04-1237
StatusPublished

This text of 893 So. 2d 180 (Stephenson v. Commercial Travelers Ins.) 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
Stephenson v. Commercial Travelers Ins., 893 So. 2d 180, 2005 WL 233815 (La. Ct. App. 2005).

Opinion

893 So.2d 180 (2005)

Pamela Ferrera STEPHENSON
v.
COMMERCIAL TRAVELERS MUTUAL INSURANCE COMPANY, et al.

No. 04-1237.

Court of Appeal of Louisiana, Third Circuit.

February 2, 2005.

*182 Troy Allen Broussard, Allen & Gooch, Lafayette, LA, for Defendants/Appellees, Perry Fontenot, Doug Guillory, Opelousas Catholic School Board, Opelousas Catholic School, David Tuttle, Catholic Mutual Relief Society of America.

Felix Andy DeJean, IV, DeJean Law Office, L.L.C., Baton Rouge, LA, for Plaintiff/Appellant, Pamela Ferrera Stephenson.

Court composed of JOHN D. SAUNDERS, MARC T. AMY, and MICHAEL G. SULLIVAN, Judges.

AMY, Judge.

The plaintiff appeals the trial court's dismissal of her claim for damages related to injuries sustained by her daughter in a school soccer match. The trial court granted the defendants a summary judgment, finding that no genuine issue of material fact existed with regard to legal cause. For the following reasons, we affirm.

Factual and Procedural Background

The plaintiff, Pamela Ferrara Stephenson, (hereinafter "Ms. Stephenson") brought the instant suit individually and on behalf of her minor daughter, Pamela Anne Ferrara (hereinafter "Pamela"), seeking damages related to injuries Pamela sustained while playing in an extracurricular school-sponsored soccer match.

Pamela stated in her deposition that she attended Opelousas Catholic School in January, 2003, and played as a "starting defender" on the school's soccer team. She stated that, due to a past sprain, she wore an ankle brace and tape on her right ankle when she played soccer. On January 11, 2003, Pamela "rolled" her left ankle while playing a home soccer game. She stated that the team's coach, David Tuttle, removed her from the game and commented that the injury "look[ed] pretty nasty." Ms. Stephenson stated in her deposition that she took Pamela to have the injury examined by Dr. Thomas Butaud. Pamela stated that Dr. Butaud told her that she had sprained her left ankle and would have to attend physical therapy, and that she must discontinue playing soccer until she saw him again. She stated that Dr. Butaud told her that, when she was cleared to return to soccer, she would now have to tape her left ankle as well, but that it would not require a brace.

Pamela traveled with the team to Alexandria for a game on January 14, although she did not play in the game due to her injury. She stated that she informed Mr. Tuttle that day that she would be attending physical therapy and would be unable to play in any games until she was released by Dr. Butaud. She stated that, "[t]o feel [like] a part of the team[,]" she dressed in her uniform, although she did not wear her ankle brace and tape. The team also had a game on January 18, which Pamela again stated that she attended in uniform, but without her ankle brace or tape. She said that although she had not intended to play in that game, Mr. Tuttle sent her in to play for approximately five minutes toward the end of the game. She said that she "didn't know if [she] should go because of [her] ankle," but that she wanted to play, and did not bring her restrictions or injuries to Mr. Tuttle's attention.

On January 21, the team traveled to play against The Academy of Sacred Heart of Grand Coteau (hereinafter "ASH"); Pamela stated that, although she had not intended to play, she again dressed for the *183 game in her full uniform. She said that, after arriving at the field, "Coach Tuttle asked me, he said, `Are you going to be able to mark Sadie?'[1] And just — in my mind, wanting to play and knowing that that game was important, I was, like, `Yes, I would love to play.'" She stated that she then had a teammate tape her ankles and started in the game. She said that her team had been playing "fairly well" and that she had "shut down" the opponents she was defending, until she was kicked in the right leg by an opposing player who was trying to take possession of the ball from her. Pamela suffered multiple fractures to her right leg as a result of the accident.

Ms. Stephenson brought this suit on April 4, 2003 against a number of defendants, including the school, its athletic director, principal, and the coach, as well as the school board. She claimed damages for Pamela's medical expenses and pain and suffering, as well as for her lost opportunity to obtain both academic[2] and athletic college scholarships. Ms. Stephenson also claimed mental anguish damages pursuant to La.Civ.Code art. 2315.6.[3] The defendants requested a summary judgment, alleging that the plaintiff could not meet her burden of proof with respect to the legal cause element of the duty/risk analysis. The trial court granted the summary judgment, dismissing the matter and thereafter denied the plaintiff's motion for a new trial. The plaintiff appeals, alleging that the trial court "erred in granting a Motion For Summary [J]udgment predicated upon plaintiff's inability to show legal causation."

Discussion

Louisiana courts apply a duty-risk analysis to determine the existence of delictual liability. Lazard v. Foti, 02-2888 (La.10/21/03), 859 So.2d 656; Roberts v. Benoit, 605 So.2d 1032 (La.1991). "Under this analysis the plaintiff must prove that the conduct in question was the cause-in-fact of the resulting harm, the defendant owed a duty of care to the plaintiff, the requisite duty was breached by the defendant and the risk of harm was within the scope of protection afforded by the duty breached." Posecai v. Wal-Mart Stores, Inc., 99-1222, p. 4 (La.11/30/99), 752 So.2d 762, 765. In order for a plaintiff to recover on a negligence theory, each of the preceding inquires must be answered affirmatively. Id.

In her memorandum opposing summary judgment, the plaintiff stated, "[b]ut for the defendant's action in putting Pamela Ferrera into a soccer game when she had not been released from her doctor to play soccer, Pamela Ferrera would not have broken her right leg." The plaintiff claimed that the defendants, and particularly Mr. Tuttle, in his capacity as a teacher and a coach, had a duty to exercise reasonable care and supervision over the students. The plaintiff alleged that the defendants breached that duty by putting Pamela into the soccer game with the *184 knowledge that she had been injured the previous week and had not been released to play by her physician. The defendants suggested that, even if each of those assertions were accepted as true,[4] the plaintiff could not meet her burden of proving legal cause, or that the harm suffered fell within the scope of the duty. The defendants asserted that any duty the school may have had to keep Pamela from playing due to her sprained left ankle did not extend to protecting her from getting kicked in the right leg by an opposing player during the course of a game.

The trial court granted the summary judgment, stating in its written reasons for judgment:

This Court opines that any player could have been injured on the soccer field in the manner in which the plaintiff was injured. Plaintiff's left leg injury has nothing to do with her right leg injury. This type of injury was unforeseeable to occur. It falls beyond the scope of protection that defendants owe to plaintiffs. [sic] Pamela Ferrara should not have dressed out in uniform on the day in question, since she knew that she was not supposed to play. Ferrara played in a previous game before the game in question.

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Cite This Page — Counsel Stack

Bluebook (online)
893 So. 2d 180, 2005 WL 233815, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stephenson-v-commercial-travelers-ins-lactapp-2005.