Articles Tagged with Other Injury

Another Mardi Gras has just come and gone. Hundreds of thousands of revelers descended on New Orleans to partake of the pageantry and festivity. Mardi Gras inevitably comes with some risk of injury. Certainly, there are things that the government, the krewes, and the revelers themselves can do to keep everyone safe, but injuries sometimes happen anyway. With that in mind, a Louisiana Court of Appeal decision from last spring offers some helpful insight into what the law can (and cannot) do for you if you’ve been injured during Mardi Gras.

The spectator in the case was Rose Ann Citron, who sued the Krewe of Endymion for injuries she suffered at the 2012 Endymion Extravaganza. (The extravaganza is an invitation-only continuation of the Endymion Parade that usually is held inside the Superdome.) The krewe throws beads to spectators below during both the parade and the subsequent extravaganza. Citron, whose husband was aboard an Endymion float, was struck in the head by a bag of beads. The impact knocked her unconscious. She suffered a concussion along with injuries to her eyes, nose, and mouth.

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A man who seriously injured his ankle when he was walking across a grassy lawn was unable to recover damages for the injuries he suffered. He lost because the owner of property was a public entity, and, according to the law of premises liability as applied to public entities, the hole did not represent an “unreasonable risk of harm.” The ruling by the Louisiana Court of Appeal highlights the differences that can exist in pursuing a premises liability case against a public entity as opposed to a private one.

The injured man in this case, Marcushawn Smith, was walking across a piece of property that was owned by the City of Ville Platte’s Housing Authority. The property contained a grassy lawn and also some sidewalks around the lawn. Smith bypassed the sidewalks and chose to walk through the grassy area when he stepped into a hole that was 4-5 inches deep and 6 inches wide. Smith fell and seriously injured his ankle in the incident. The man sued the housing authority for premises liability, specifically for failing to maintain the grassy area in a proper and safe manner. The housing authority asked the court to throw out the case, and the trial judge did so.

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A woman who fell at a Shreveport supermarket was unable to identify exactly what caused her to fall and, as a result, was unable to proceed with her injury lawsuit against the store. Only after the woman’s husband returned to the store and photographed a crack in the store parking lot did the couple identify the cause of the accident. This was too speculative to constitute the necessary circumstantial evidence required to take the case to trial, the Louisiana Court of Appeal recently decided.

In the events leading up the injury, Yvonne and Aristide Ton had traveled to an Albertson’s store in Shreveport to do some grocery shopping. While walking across the parking lot, the wife fell, injuring her shoulder. No one saw the woman fall.

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A visitor to a department store recently lost her attempt to hold the store responsible for injuries she suffered in a slip-and-fall accident. The Louisiana Court of Appeal ruled that the store could not be held liable for the woman’s fall because she lacked “positive evidence” that the store had a dangerous condition that caused the guest to fall, and that the store allowed the dangerous condition to exist for an unreasonably long period of time without correcting it. The ruling points out the sometimes uncertain nature of pursuing a slip-and-fall case against a merchant that is based upon a theory that no possible explanation for the accident could exist other than the merchant’s negligence.

The incident leading to this lawsuit took place on a rainy June morning in 2013. Libby Ammon traveled to the Dillard’s store in Baton Rouge’s Mall of Louisiana to attend a 10:00 AM appointment with a Lancome make-up artist. Halfway between the store’s entry doors and the base of its escalators, Ammon slipped and fell. Ammon opined that, immediately before falling, she felt as though she had stepped “on ice or something.” Ammon fell on her hand and also hit her head and left side.

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A New Orleans woman suffered a significant leg injury when she fell on the property of the apartment she rented. The woman’s landlords sought to escape liability for her injuries by arguing that the hole that felled the tenant was “open and obvious” to all. The Louisiana Court of Appeal‘s recent decision upholding a trial court’s refusal to grant summary judgment in favor of the landlords provided an insightful recitation regarding what a property owner must show to succeed on a claim of “open and obvious danger” in a premises liability case.

The case pitted a tenant, Jennifer Hooper, against her landlords, Val and Mary Brown. The apartment Hooper rented, located off Canal Boulevard, had a wooden front porch that, according to the tenant, contained at least one board that was rotten, leaving a hole in the porch. The landlords allegedly promised numerous times to fix the porch, but they did not. In September 2013, the tenant, who temporarily required the assistance of crutches, fell while attempting to enter the apartment, breaking her leg.

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Black Friday is a big day among retailers and many holiday shoppers. Unfortunately, Black Friday 2009 was a very painful day for one area shopper who slipped and fell in the vestibule of a department store in Kenner. Making matters worse, Louisiana’s Fifth Circuit Court of Appeal decided that the shopper was unable to recover damages from the store because her evidence at trial failed to show that the store had “constructive notice” of the fallen sign that caused her injury.

Sylvia Scott visited the Dillard’s store in Esplanade Mall shortly after it opened on Black Friday 2009. In the front entryway to the store, a plastic cling sign (like one might commonly see in a store front window announcing holiday hours) had fallen to the ground. Scott stepped on it, slipped, and fell on her back. Scott’s injuries eventually forced her to have surgery.

A New Orleans area family will be allowed to pursue the West Jefferson Medical Center for malpractice after a patient fell and suffered serious injuries while under the hospital’s care. The Louisiana Court of Appeal concluded that the family’s compelling evidence, along with the inconsistencies in the hospital’s proof, were enough to create a viable case that the fall occurred because caregivers violated the hospital’s own protocols for handling patients with a high risk of falling.

The incident occurred after Mitzi Matherne entered the hospital due to a hematoma on her calf. Hospital staff provided the 76-year-old woman with care for her hematoma and for “morbid obesity.” The hospital identified the patient as a fall risk and placed instructions that two caregivers attend to her whenever she was to be moved to or from her bed.