Opinion
NO. 2015 CW 0681
08-11-2015
MARIE AARON TOUPS v. THE RECREATION AND PARK COMMISSION FOR EAST BATON ROUGE PARISH
In Re: The Recreation and Park Commission for the Parish of East Baton Rouge, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 580976. BEFORE: PETTIGREW, HIGGINBOTHAM AND CRAIN, JJ.
WRIT GRANTED. The ruling of the trial court dated April 24, 2015, denying the defendant's, The Recreation and Park Commission of East Baton Rouge, motion for summary judgment is reversed and the defendant's motion for summary judgment is granted in its favor. The plaintiff, Marie Aaron Toups Bruns, has failed to produce factual support sufficient to establish that she will be able to satisfy her evidentiary burden of proof at trial that the defendant had actual or constructive notice of the particular vice or defect prior to the incident at issue; therefore, there is no genuine issue of material fact, and the defendant is entitled to judgment as a matter of law. See La. Code Civ. P. art. 966(C)(2) & La. R.S. 9:2800(C).
WJC
JTP
TMH
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT