Rodrigue v. Baton Rouge River Center
Rodrigue v. Baton Rouge River Center, 209 So. 3d 93 (La. 2017).
Cited by
- Robert Lomax v. Transdev Services, Inc. and Abc Insurance Company La. Ct. App. 4th Cir. 2021
- Falcon v. Surcouf 236 So. 3d 716 La. Ct. App. 5th Cir. 2017
Authorities cited
Identified automatically; this list may not be exhaustive.
- Broussard v. State ex rel. Office of State Buildings 113 So. 3d 175
Opinion text
PER CURIAM Granted. Under the facts presented, we find there are genuine issues of fact as to whether the dimly-lit stairwell was unreasonably dangerous, thereby precluding judgment as a matter of law. To the extent plaintiff was aware of the condition of the stairwell, the trier of fact may consider such evidence at trial for purposes of determining the percentage of fault, if any, to be assigned to plaintiff. See, e.g., Broussard v. State ex rel. Office of State Buildings, 201 2-1238 (La. 4/5/13), 113 So.3d 175 . Accordingly, the judgment of the court of appeal is reversed, and the judgment of the district court denying summary judgment is reinstated. The case is remanded to the district court for further proceedings. WEIMER, J., dissents and would deny. GUIDRY, J., would deny. CLARK, J. would deny.