Temple v. Morgan

196 So. 3d 71, 2015 La.App. 1 Cir. 1159, 2016 La. App. LEXIS 1121, 2016 WL 3126117
CourtLouisiana Court of Appeal
DecidedJune 3, 2016
DocketNo. 2015 CA 1159
StatusPublished
Cited by25 cases

This text of 196 So. 3d 71 (Temple v. Morgan) 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
Temple v. Morgan, 196 So. 3d 71, 2015 La.App. 1 Cir. 1159, 2016 La. App. LEXIS 1121, 2016 WL 3126117 (La. Ct. App. 2016).

Opinions

CRAIN, J.

[pThe plaintiff appeals a summary judgment that dismissed her claims seeking recovery for injuries she sustained when she tripped and fell on a broken section of sidewalk. We affirm.

FACTS

The sidewalk involved in this accident is located in a multi-street residential neighborhood in Baton Rouge. The accident occurred on a section of sidewalk along Upton Drive in front of a residence owned by Julie Morgan. The sidewalk crosses Morgan’s concrete driveway for a distance of twelve feet. As shown in the photographs below, this section of sidewalk contains numerous areas where the concrete has shifted and fractured, resulting in cracks and crevices. that extend the full depth of the sidewalk and, in some areas, expose the underlying ground.

[[Image here]]

Although the sidewalk has deteriorated over time, it was initially damaged between 1995 and 2002, prior to Morgan acquiring the property, when heavy equipment was moved onto the property. The equipment included a crane used to remove a tree that fell on the house and cement trucks, that were driven onto the [73]*73property during repair work to the rear of the house. Pine trees located next to the |^driveway also.caused damage to the sidewalk during that same period of time. After Morgan purchased the property in 2005, the condition of the sidewalk remained basically the same for six years leading up to the subject accident on February 16, 2011.

On the day of the accident, Eva Temple, who was 81 years old, and her husband took a mid-afternoon walk that eventually led them to Upton Drive. Although she had lived in the neighborhood for over forty years, this was the first time she had walked on the sidewalk along Upton Drive. After her husband stopped to speak to a neighbor, Temple continued her walk and came to the broken section of sidewalk at Morgan’s driveway. The sidewalk is straight as it approaches that area, and Temple had an unobstructed view of the broken section. She did not notice any of the cracks in the sidewalk until she stepped into a “hole,” the term she used to describe the area where the underlying ground was visible. Temple lost her balance, fell, and fractured her left wrist.

Temple filed suit against Morgan and the City of Eaton Rouge/Parish of .East Baton Rouge . (City/Parish), alleging -that the sidewalk was defective and dangerous, and that the defendants knew or were in a position to know of the defective condition, negligently failed to maintain the sidewalk in a safe and reasonable manner, and failed to establish a policy for routine repair and maintenance of the sidewalks.1 The City/Parish filed an answer denying liability and, after conducting discovery, filed a motion for ■ summary-' judgment seeking dismissal of- all claims against it. The City/Parish argued that the condition of the sidewalk was open and obvious and that Temple had an unobstructed view of the Udamaged .area. ■ The City/Parish further asserted that neither Morgan nor the two previous owners of the property, who cumulatively held title back to the date of the original damage, had ever notified the City/Parish of the sidewalk damage.

In support of the motion, the City/Parish offered numerous exhibits, including photographs of the sidewalk, a map of the neighborhood,:and the depositions of Temple; Morgan; David Guillory, the current Director of Public Works for the City/Parish; and Micah Holden, the previous owner of Morgan’s ■ property from 2002 through 2005. The photographs, which include the two pictures reproduced above, show the broken section of sidewalk adjacent to Morgan’s driveway where Temple fell. The City/Parish also, introduced a survey of the sidewalk and driveway that shows a change in elevation of up to four inches between the high and low points of the damaged section.

The evidence established that Temple was walking during daylight hours- on a clear -day.- Temple- testified - that' it was still light outside during her walk and described the day as- “beautiful,” adding that it “was }n- February [when you] have a lot of light _until. 8:30 or 8:00.” Morgan similarly stated that the weather was “sunny” at the time of the accident.

• In the following exchanges in her deposition, Temple described her observations [74]*74as she approached the broken section of sidewalk: ■

Q. So as you’re walking towards this area where the sidewalk crosses her driveway, had you noticed that there were cracks or anything in the sidewalk?
A. No, not until I got right on the sidewalk and my foot got caught in that hole.
* # *
Q. Was there anything preventing you from seeing that sidewalk across her driveway? : -
A. Nothing was preventing me from seeing it. I was just walking, enjoying my walk and looking, you know. You have to see what’s on | Bthe front of you and the side of you when you walk. You just don’t look down all the time.
[[Image here]]
Q. As’you’re walking down the sidewalk heading toward her' house, her house being on the right side, where were you looking?
A. At that particular time?
Q. Yes.
A. Just enjoying my walk. I don’t know. I can’t say exactly where I was looking, you .know. I certainly wasn’t looking down because if I would have been, I would have seen the hole. ■

When shown a photograph of the sidewalk and asked to identify the location of the “hole,” Temple pointed to a “general area” where the ground was visible between the separated concrete. Pointing to various places in the photograph, Temple stated, “I could have tripped here, I could’ve tripped there, or I even could have tripped there.”

Morgan testified in her deposition that, on the day of her deposition, the damaged area of the sidewalk was basically the same as when she bought her property in 2005, opining that over that period of time the area had become “[mjaybe ten percent” worse. Morgan said she often works outside in her yard and has watched people walk and jog by the area on a daily basis, but has never seen anyone fall. Morgan’s neighbors never complainéd to her about the condition of the sidewalk.

Prior to the subject accident, Morgan never notified the City/Parish about the condition of the sidewalk. Although she filed a service request with the City/Parish after this accident, Morgan testified that that was done only at the urging of Temple. In the service request, Morgan described the sidewalk as severely “cracked/buckled” and stated that it was “highly” used on a daily basis for “walking, running, strolling, etc.” She recalled Temple’s accident, and added, that |fi“[m]others have issues when strolling babies” and that the situation presents a “hazard.” Morgan reviewed the service request at her deposition and, when asked if she had ever seen anyone have trouble traversing this area, answered:

No, No. They just walk around it or push their strollers over. They’re just careful. It’s — it’s so obvious that it’s there, everyone • just either stops — in fact, the little boy next door, rides his bike over it for fun. No, it doesn’t deter anyone from moving and — even old people walk down, and they just walk around it. Joggers walk around it or jog across it.

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

Related

Francois v. RaceTrac Inc
M.D. Louisiana, 2025
Koonce v. Boyd Racing L L C
W.D. Louisiana, 2025
Hicks v. Costco Wholesale Corp
W.D. Louisiana, 2023
Russell v. City of Baton Rouge
271 So. 3d 231 (Louisiana Court of Appeal, 2019)
Minix v. City of Rayne
243 So. 3d 67 (Louisiana Court of Appeal, 2018)
Batiste v. United Fire & Cas. Co.
241 So. 3d 491 (Louisiana Court of Appeal, 2018)
Lathan Co. v. State
237 So. 3d 1 (Louisiana Court of Appeal, 2017)
Raborn v. Albea
221 So. 3d 104 (Louisiana Court of Appeal, 2017)
Bryant v. Premium Food Concepts, Inc.
220 So. 3d 79 (Louisiana Court of Appeal, 2017)
Williams v. Liberty Mutual Fire Insurance Co.
217 So. 3d 421 (Louisiana Court of Appeal, 2017)
Trelles v. Continental Casualty Co.
211 So. 3d 1206 (Louisiana Court of Appeal, 2017)
Cheramie v. Port Fourchon Marina, Inc.
211 So. 3d 1212 (Louisiana Court of Appeal, 2017)
Stafford v. Exxon Mobile Corp.
212 So. 3d 1257 (Louisiana Court of Appeal, 2017)
Shields v. Alvin R. Savoie & Associates, Inc.
214 So. 3d 27 (Louisiana Court of Appeal, 2017)
Succession of Matthews
212 So. 3d 547 (Louisiana Court of Appeal, 2017)
Louisiana Board of Ethics In re Villere
208 So. 3d 940 (Louisiana Court of Appeal, 2016)
Cedarholley Investment, LLC v. Pitre
209 So. 3d 850 (Louisiana Court of Appeal, 2016)
Williams v. ABC Insurance Co.
209 So. 3d 411 (Louisiana Court of Appeal, 2016)

Cite This Page — Counsel Stack

Bluebook (online)
196 So. 3d 71, 2015 La.App. 1 Cir. 1159, 2016 La. App. LEXIS 1121, 2016 WL 3126117, Counsel Stack Legal Research, https://law.counselstack.com/opinion/temple-v-morgan-lactapp-2016.