Maria McCraney v. The City of Baton Rouge/Parish of East Baton Rouge

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

MARIA MCCRANEY NO. 2021 CW 0619

VERSUS

THE CITY OF BATON NOVEMBER 12, 2021
ROUGE/ PARISH OF EAST BATON
ROUGE

In Re: The City of Baton Rouge/ Parish of East Baton Rouge,

applying for supervisory writs, 19th Judicial District
Court, Parish of East Baton Rouge, No. 605851.

BEFORE: McDONALD, LANIER, AND WOLFE, JJ.

WRIT GRANTED. We grant the writ and reverse the May
17, 2021 judgment of the trial court that denied the City of

Baton Rouge/ Parish of East Baton Rouge' s motion for summary
judgment seeking dismissal of all claims asserted against
it by
Maria McCraney (" McCraney"). Pursuant to La. R. S. 9: 2800, in

order to prove a public entity is liable for damages caused by a
thing, the plaintiff must establish: ( 1)
custody or ownership of
the defective thing by the public entity; ( 2) the defect created
an unreasonable risk of harm; ( 3) the public entity had actual

or constructive notice of the defect; ( 4) the public entity
failed to take corrective action within a reasonable time; and

5) causation. The City of Baton Rouge/ Parish of East Baton

Rouge can prevail on its motion for summary judgment if McCraney
is unable to provide factual support sufficient to establish the
existence of a genuine issue of material fact as to any one of
these essential elements. See La. Civ. Code P. art. 966( D)( 1).
Here, McCraney has not provided factual support to show a

genuine issue of material fact as to the several essential

elements of her claim, that the alleged defect created an

unreasonable risk of harm, that the City of Baton Rouge/ Parish
of East Baton Rouge had actual or constructive notice of the
alleged defect, or that the City of Baton Rouge/ Parish of East
Baton Rouge failed to take corrective action within a reasonable
time if it had notice. Accordingly, we find no genuine issue as
to material fact on these elements and we grant the motion for
summary judgment filed by the City of Baton Rouge/ Parish of East
Baton Rouge and dismiss the claims of plaintiff, Maria McCraney,
against the defendant, City of Baton Rouge/ Parish of East Baton
Rouge.

JLC!
WIL
EW

COOF APPEAL, FIR CIRCUIT

DE UTY CLE F COURT
FOR THE COURT