Veronica Croney and Frank Croney v. City Parish of East Baton Rouge

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

VERONICA CRONEY AND FRANK NO. 2025 CW 0229
CRONEY

VERSUS

CITY PARISH OF EAST BATON
ROUGE, BREC FOUNDATION, THE
RECREATION AND PARK

COMMISSION FOR THE PARISH OF
EAST BATON ROUGE JUNE 18, 2025

In Re: The Recreation and Park Commission for the Parish of
East Baton Rouge ("BREC"), applying for supervisory
writs, 19th Judicial District Court, Parish of East
Baton Rouge, No. 669609.

BEFORE : THERIOT, HESTER, AND EDWARDS, JJ.

WRIT GRANTED. The district court's January 30, 2025 judgment
denying the motion for summary judgment filed by defendant, The
Recreation and Park Commission for the Parish of East Baton Rouge,
is 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) (3). As the party moving for
summary judgment, defendant sustained its initial burden of proof
and established a prima facie case that it was entitled to immunity
pursuant to La. R.S. 9:2795. The burden then shifted to plaintiffs
to produce factual support sufficient to establish the existence
of a genuine issue of material fact with regard to whether the
defendant willfully or maliciously failed to warn against a
dangerous condition. See La. R.S. 9:2795(B). Souza v. St. Tammany
Par., 2011-2198 (La. App. Ist Cir. 6/8/12), 93 So. 3d 745, 749. A
failure to warn of a dangerous condition connotes a conscious
course of action, and is deemed willful or malicious when action
is knowingly taken or not taken, which would likely cause injury,
with conscious indifference to the consequences thereof. Id. at
730. Plaintiffs failed to meet their burden. Accordingly,
defendant's motion for summary judgment is granted and the claims
asserted by plaintiffs, Veronica Croney and Frank Croney, against
defendant, The Recreation and Park Commission for the Parish of
Bast Baton Rouge, are dismissed.

MRT

CHH
BDE

COURT OF APPEAL, FIRST CIRCUIT

A ce 4 » cme

PUTY CLERK OF COURT
FOR THE COURT