Lola Marvene Maher, Wife Of/and Johny (nmi) Maher v. New Orleans City Park And/or New Orleans City Park Improvement Association; And The State Of Louisiana Ex Rel. Department Of Culture, Recreation, And Tourism

Supreme Court of Louisiana
April 30, 2024
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
LOLA MARVENE MAHER, WIFE OF/AND
JOHNY (NMI) MAHER
VS.
NEW ORLEANS CITY PARK AND/OR
NEW ORLEANS CITY PARK
IMPROVEMENT ASSOCIATION; AND
THE STATE OF LOUISIANA EX
REL.
DEPARTMENT OF CULTURE,
RECREATION, AND TOURISM
No. 2024-C-00289
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I
N RE: State of Louisiana, through the Department of Culture, Recreation and
Tourism, on behalf of the New Orleans City Park Improvement Association -
Applicant Defendant; Applying For Writ Of Certiorari, Parish of Orleans Civil,
Orleans Civil District Court Number(s) 2016-12412, Court of Appeal, Fourth
Circuit, Number(s) 2023-CA-0416;
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April 30, 2024
Writ application granted in part. See per curiam.
JBM
JLW
JDH
SJC
JTG
WJC
PDG
04/30/2024 "See News Release 020 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 2024-C-00289
LOLA MARVENE MAHER, WIFE OF/AND JOHNY (NMI) MAHER
VS.
NEW ORLEANS CITY PARK AND/OR NEW ORLEANS CITY PARK
IMPROVEMENT ASSOCIATION; AND THE STATE OF LOUISIANA EX
REL. DEPARTMENT OF CULTURE, RECREATION, AND TOURISM
On Writ of Certiorari to the Court of Appeal, Fourth Circuit, Parish of Orleans
Civil
PER CURIAM
Writ granted in part. The State, through the Department of Culture, Recreation
and Tourism (“DCRT”), argued two bases for its summary judgment motion: 1) it is
immune from liability under La. R.S. 9:2795, the Recreational Use Statute ; and 2)
plaintiffs cannot meet their burden of proving actual or constructive notice under La.
R.S. 9:2800, the statute pertaining to limitation of liability for public bodies . The
lower courts only addressed the first ground. Therefore, the writ is granted for the
sole purpose of amending the court of appeal judgment to remand the case to the
district court with instructions to address whether DCRT has demonstrated that
plaintiffs cannot meet their burden of proving it had actual or constructive notice of
the alleged defective catch basin prior to Lola Maher’s fall, had a reasonable
opportunity to remedy the defect and had failed to do so. See La. R.S. 9:2800; La.
C.C.P. art. 966(D)(1). In all other respects, the writ is denied.
AMENDED AND REMANDED
04/30/24