Williams v. East Baton Rouge Parish

723 So. 2d 1093, 1999 WL 4100
CourtLouisiana Court of Appeal
DecidedDecember 28, 1998
Docket97 CA 2645
StatusPublished
Cited by3 cases

This text of 723 So. 2d 1093 (Williams v. East Baton Rouge Parish) 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
Williams v. East Baton Rouge Parish, 723 So. 2d 1093, 1999 WL 4100 (La. Ct. App. 1998).

Opinion

723 So.2d 1093 (1998)

Cedric L. WILLIAMS
v.
EAST BATON ROUGE PARISH SCHOOL BOARD; Istrouma Senior High School; and Capitol Senior High School.

No. 97 CA 2645.

Court of Appeal of Louisiana, First Circuit.

December 28, 1998.

*1094 Benn Hamilton, Baton Rouge, for Plaintiff-Appellant/Appellee.

Harold J. Adkins, Baton Rouge, for Defendants-Appellees/Appellants.

BEFORE: SHORTESS, C.J., CARTER and WHIPPLE, JJ.

SHORTESS, C.J.

In the fall of 1994, Cedric L. Williams attended Istrouma Senior High School in Baton Rouge, Louisiana. He was a member of Istrouma's junior varsity football team. On August 31, 1994, Williams participated in a football game against Capitol Senior High School. During the course of the game, Williams attempted to tackle a player on the opposing team and was injured. After an ambulance arrived at the football field, Williams was transported to Baton Rouge General Medical Center. He was not admitted for treatment at Baton Rouge General because he did not have medical insurance. Approximately three hours later, he was transported to Earl K. Long Hospital where it was determined his left leg and hip were broken in four places. Pins and rods were surgically inserted in his leg. Since the accident, Williams has been under the care of several doctors who have treated his left leg, which now is an inch to an inch and a half shorter than his non-injured leg.

Williams (plaintiff) filed a petition for damages against the East Baton Rouge School Board, Istrouma Senior High School, and Capitol Senior High School (collectively, defendants) contending his injuries were the result of him tripping over a component of the long-jump track, which ran near the football field and created an unreasonable risk of harm that caused his injury. Plaintiff amended his petition requesting an award of damages to his father, Isaac Williams, for mental anguish and emotional distress experienced as a result of witnessing the injury.

After a trial on the merits, the trial court found defendants were not liable for plaintiff's injury because the long-jump runway did not present an unreasonable risk of harm, and it was more probable than not that the injury was the result of plaintiff attempting to tackle the ball carrier. Isaac Williams's claim for emotional distress under Louisiana Civil Code article 2315.6 was denied, also. However, the trial court found defendants liable for damages plaintiff sustained as a result of "defendant[s'] failure to insure the plaintiff and have available insurance coverage." Defendants were also found liable to Isaac Williams for the "emotional distress for having to watch his son in continued pain for the time he spent at Baton Rouge General Medical Center and waiting at Earl K. Long Hospital, all of which was [a] result of the defendants' failure to insure the plaintiff ...." Plaintiff was awarded $23,166.62;[1] Isaac Williams was awarded $675.00 for the emotional distress of watching his son in pain while waiting to be transported to another hospital; and expert fees of *1095 $1,610.00 were awarded against defendant.[2] Plaintiff and defendants appeal this judgment.

Plaintiff asserts seven assignments of error, contending the trial court committed errors of law: 1) in finding defendants were not strictly liable for the injuries plaintiff suffered; 2) in not finding defendants were negligent in the location and maintenance of the long-jump and track facility; 3) in finding plaintiff's injuries were more probably than not caused by an attempt to make a tackle rather than tripping on the side board of the long-jump track; 4) in refusing to compel the testimony of defendant's attorney and to permit plaintiff to proffer the requested testimony; 5) in computing plaintiff's past and future medical expenses; 6) in failing to award certain expert witness's fees and/or in the manner of computing expert witness fees; and 7) in denying the claims of Isaac Williams for emotional distress under the provisions of Civil Code Article 2315.6. Defendants present one assignment of error, "The trial court committed reversible error when it ruled that the School Board breached a duty in favor of Cedric Williams for failing to have available insurance or obtain a valid waiver of insurance coverage."

ASSIGNMENTS OF ERROR ONE THROUGH THREE

Plaintiff contends in his first two assignments of error that the court erred in not finding defendants either strictly or negligently liable for plaintiff's injuries. He contends in assignment of error three that the court erred in finding plaintiff's injuries were more probably than not caused by an attempt to make a tackle rather than by tripping on the side board. Plaintiff testified he was playing defense and was in pursuit of the opposing team's player, Reco Thomas, who was carrying the ball. He stated he did not make contact with Thomas, but, at the conclusion of the play, ran out of bounds and slipped on a board and fell. Plaintiff's father, Isaac Williams, also testified he was watching the game from the stands and that plaintiff was injured by falling over something and not by tackling the ball carrier.

However, the coaches watching the football game testified plaintiff did tackle Thomas and went down thereafter. Donald Clark, offensive coordinator of the junior varsity team at Capitol High in 1994, stated he witnessed the accident and saw Thomas was "being hit at the ending of the play and he [was] knocked out of bounds. The Istrouma player [plaintiff] is down right there at the edge of the sideline between the field and the [long-jump] runway." He also testified he did not see plaintiff trip or slip on the longjump board at the end of the tackle.

Booker Hawkins, assistant football coach at Capitol in 1994, stated when the Istrouma players and Thomas arrived at the sideline, the Istrouma players tackled Thomas and "fell somewhere in between the sidelines and the out of bounds line." He also stated he did not see any of the players trip or slip over the side board.

McKinney Evans, head football coach and athletic director at Istrouma, also witnessed the game. He testified he saw four of his defensive backs attempt to tackle the ball carrier, and they all made contact with the carrier. He also stated he observed plaintiff at the conclusion of the play, lying parallel to the out-of-bounds line, with his left shoulder on the playing field, and that none of his body was touching the runway or the boards of the runway.

The ball carrier, Reco Thomas, testified by deposition that plaintiff did tackle him very close to the sideline. He stated both of them landed on the ground together near the out-of-bounds line.

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.[3] In order to reverse, the court of appeal must: (1) find from the record that a reasonable factual basis for the decision of the trial court does not exist, and (2) find that the record *1096 affirmatively establishes the decision is clearly wrong or manifestly erroneous.[4] After a review of the record, we find the trial court was not manifestly erroneous in finding defendants were not liable for plaintiff's injury. While there was conflicting testimony as to whether plaintiff tripped over the long-jump board, there was ample testimony validating the court's finding that plaintiff did not trip or fall, but was tackling his opponent when he was injured.

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Cite This Page — Counsel Stack

Bluebook (online)
723 So. 2d 1093, 1999 WL 4100, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-east-baton-rouge-parish-lactapp-1998.