Opinion
2022 CW 0435
08-26-2022
ROBERTA NASON v. PENNINGTON BIOMEDICAL RESEARCH CENTER/IDRP, F. KING ALEXANDER, AND THE BOARD OF SUPERVISORS OF LOUISIANA STATE UNIVERSITY AND AGRICULTURAL COLLEGE
In Re: State of Louisiana through the Board of Supervisors of Louisiana State University and Agricultural College, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 679753.
BEFORE: McCLENDON, WELCH, AND HESTER, JJ.
WRIT GRANTED. The district court's March 8, 2022 judgment denying the motion for summary judgment filed by defendant, The State of Louisiana through the Board of Supervisors of Louisiana State University and Agricultural College, is hereby 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)(4). In order to prove the negligence of a public entity, plaintiff Roberta Nason needed to establish: (1) the public entity had custody or ownership of the defective thing; (2) the defective thing created an unreasonable risk of harm; (3) the public entity had actual or constructive notice of the defect and failed to take correct action within a reasonable time; and (4) causation. Lee v. State Through Dept. of Transp. and Development, 97-0350 (La. 10/21/97), 701 So.2d 676, 678. Failure to meet any one of these statutory requirements will defeat a claim against the public entity. Lynch v. City of Mandeville, 2014-1834 (La.App. 1st Cir. 6/5/15), 2015 WL 3546068, *3 (unpublished). Roberta Nason failed to establish a genuine issue of material fact as to each of these elements. Accordingly, defendant's motion for summary judgment is granted and the claims asserted by plaintiff, Roberta Nason, against defendant, The State of Louisiana through the Board of Supervisors of Louisiana State University and Agricultural College, are dismissed with prejudice.
PMc JEW CHH