Opinion
2023 CW 0561
12-07-2023
AMANDA PICKLE v. BOARD OF SUPERVISORS OF LOUISIANA STATE UNIVERSITY AND AGRICULTURAL AND MECHANICAL COLLEGE
In Re: Board of Supervisors of Louisiana State University and Agricultural and Mechanical College, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 679877.
BEFORE: WELCH, HOLDRIDGE, AND WOLFE, JJ.
WRIT GRANTED. The district court's June 26, 2023 judgment denying the motion for summary Judgment filed by defendant, Board of Supervisors of Louisiana State University and Agricultural and Mechanical College, is reversed. A motion for summary judgment shall be granted where the evidence demonstrates that there is no genuine issue of material fact, and the mover is entitled to judgment as a matter of law. La. Code Civ. P. art. 966 (A) (3) In order to prove a public entity is liable for damages caused by a defective thing, plaintiff, Amanda Pickle, must prove: (1) the public entity had custody or ownership of the defective thing; (2) the defect created an unreasonable risk of harm; (3) the public entity had actual or constructive notice of the defect; (4) the public entity failed to take corrective action within a reasonable time; and (5) causation. See La. Civ. Code arts. 2317 and 2317. 1; La. R. S. 9: 2800; Chambers v. Village of Moreauville, 2011- 0898 (La. 1/ 24/12), 85 So.3d 593, 597. Failure to meet any one of these statutory requirements will defeat a claim against the public entity. Jefferson v. Nichols State University, 2019-1137 (La.App.1st Cir. 5/ 11/ 20), 311 So.3d 1083, 1085, writ denied, 2020-00779 (La. 11/4/20), 303 So.3d 623. Plaintiff failed to produce factual support sufficient to establish a genuine issue of material fact as to at least one of these elements: that the ramp at Alex Box Stadium contained a defect that created an unreasonable risk of harm. Accordingly, defendant's motion for summary judgment is granted and the claims asserted by plaintiff, Amanda Pickle, against defendant, Board of Supervisors of Louisiana State University and Agricultural and Mechanical College, are dismissed.
JEW
EW
Holdridge, J., concurs.