Summary
holding wrestling promoter liable for the negligent injury of a spectator by a wrestler, who qualified as an independent contractor, because the promoter breached its "duty to . . . control the program in such a manner as not to create a dangerous situation"
Summary of this case from Graham v. Amoco Oil Co.Opinion
No. 90-C-0570.
May 11, 1990. Rehearing Denied June 1, 1990.
In re Frick, Rose Lee; — Plaintiff(s); Applying for Writ of Certiorari and/or Review; to the Court of Appeal, Fourth Circuit, Number 89CA-1000; Parish of Orleans Civil District Court Div. "C" Number 85-17534.
WRIT GRANTED.
The decision of the Court of Appeal is reversed. The trial court correctly found that "Mid-South had a duty to the plaintiff to control the program in such a manner as not to create a dangerous situation." The breach of that duty caused plaintiff's damages. The trial court's judgment is reinstated.
WATSON and LEMMON, JJ., dissent.