Opinion
2022 CW 0434
10-03-2022
KENNETH MACARTHUR v. PENN NATIONAL GAMING, INC. D/B/A PINNACLE ENTERTAINMENT, INC. A/K/A L'AUBERGE CASINO &HOTEL BATON ROUGE, AND BROADSPIRE SERVICES, INC.
Penn National Gaming, Inc., applying for supervisory-writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 699049.
BEFORE: WHIPPLE, C.J., GUIDRY AND WOLFE, JJ.
WRIT GRANTED. The district court's April 7, 2022 judgment denying the motion for summary judgment filed by Defendants, Penn National Gaming, Inc., D/B/A Pinnacle Entertainment, Inc. A/K/A L'Auberge Casino & Hotel Baton Rouge and Broadspire Services, Inc., is hereby reversed. It is established Louisiana law that a defendant generally does not have a duty to protect against that which is "obvious and apparent." Bufkin v. Felipe's Louisiana, LLC, 2014-0288 (La. 10/15/14), 171 So.3d 851, 856. In order for an alleged hazard to be considered obvious and apparent, Louisiana courts have consistently stated the hazard should be one that is open and obvious to everyone who may potentially encounter it. Id. Moreover, a pedestrian has a duty to see that which should be seen and is bound to observe his course to see if his pathway is clear. Id. at 855, citing Hutchinson v. Knights of Columbus, Council No. 5747, 2003-1533 (La. 2/20/04), 866 So.2d 228, 234; Williams v. Leonard Chabert Medical Center, 98-1029 (La.App. 1st Cir. 9/26/99), 744 So.2d 206, 211, writ denied, 2000-0011 (La. 2/18/00), 754 So.2d 974. The alleged defect in this case was an accumulation of rain on the casino's corridor. The surveillance video and photographs show that water puddles were visible and that the area where the slip took place was a high traffic area. The videos show several persons walking on the corridor and not slipping. By his own admission, Plaintiff was not paying attention when he was walking on the corridor. Therefore, the alleged defect which caused Plaintiff s slip was open and obvious and Defendants are entitled to summary judgment as a matter of law. The claims asserted by Plaintiff, Kenneth MacArthur, against Defendants, Penn National Gaming, Inc., D/B/A Pinnacle Entertainment, Inc. A/K/A L'Auberge Casino & Hotel Baton Rouge and Broadspire Services, Inc., are dismissed with prejudice.