Opinion
No. 2009 CA 1508.
May 7, 2010.
APPEALED FROM THE SEVENTEENTH JUDICIAL DISTRICT COURT IN AND FOR THE PARISH OF LAFOURCHE STATE OF LOUISIANA DOCKET NUMBER 104631, DIVISION "A" THE HONORABLE JOHN E. LEBLANC, JUDGE.
Larry P. Boudreaux, Thibodaux, LA, Attorney for Plaintiff/Appellant Freddie J. Perez, Sr.
Leslie J. Clement, Jr., Thibodaux, LA, Attorney for Defendant/Appellee Parish of Lafourche.
The defendant's answer stated that the proper party defendant was the Parish of Lafourche.
BEFORE: PARRO, KUHN, AND McDONALD, JJ.
This is a suit for personal injuries that occurred during Hurricane Rita when the plaintiff, Freddie J. Perez, Sr., attempted to check on a drainage pump owned by the defendant, the Parish of Lafourche. The drainage pump is used to pump water out of the area where Mr. Perez's home is located. Mr. Perez was walking up the wooden ramp to the pump during the rain, before daybreak, when he fell and broke his leg. After a bench trial, the district court judge found that Mr. Perez failed to establish that the Parish of Lafourche owed him a duty to protect him from their equipment, and dismissed the suit. Mr. Perez appeals, citing three errors:
1. The court failed to consider judicial and legislative changes made to the law on slip and fall claims.
2. The court erred in determining that the defendant did not owe the plaintiff a duty to protect him from defects on the pump or its structure.
3. It was error to find that the plaintiff did not have permission from the Parish to enter the premises of the pump.
After a thorough review of the law and the record in this matter, we find no error in the action of the district court. Therefore, the judgment is affirmed and this opinion is issued in compliance with Louisiana Uniform Rules, Courts of Appeal, Rule 2-16.2A(2), (4), (5), and (6). Costs are assessed against the plaintiff, Freddie J. Perez, Sr.