The opinion
ALMA ALLEN NO. 2024 CW 0939
VERSUS
EAST BATON ROUGE PARISH FEBRUARY 13, 2025
SCHOOL BOARD
In Re: The East Baton Rouge Parish School Board, applying for
supervisory writs, 19th Judicial District Court, Parish
of East Baton Rouge, No. 717892.
BEFORE: PENZATO, STROMBERG, AND CALLOWAY, 1 JJ.
WRIT GRANTED. The district court' s July 22, 2024 judgment
denying the motion for summary judgment filed by defendant, East
Baton Rouge Parish School Board, is reversed. A motion for summary
judgment shall be granted where the evidence demonstrates that
there is no genuine issue of materia:] fact, and the mover is
entitled to judgment as a matter of law. La. Code Civ. P. art.
966( A)( 3).
In order to prove a public entity is liable for damages
caused by a defective thing, the plaintiff must prove: ( 1) the
public entity had custody or ownership of the defective thing; ( 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. See La. R. S. 9: 2800; Robinson v. Pointe
Coupee Par. Sch. Bd., 2023- 0215 ( La. App. 1st Cir. 2/ 21/ 24), 2024
WL 702600 ( unpublished) .
Failure to meet any one of these statutory
requirements will defeat a claim against the public entity. Id.
Plaintiff failed to produce factual support sufficient to
establish a genuine issue of material fact as to whether the School
Board had actual or constructive notice of the alleged defect.
Accordingly, defendant' s motion for summary judgment is granted
and the claims asserted by plaintiff, Alma Allen, against
defendant, East Baton Rouge Parish School Board, are dismissed.
AEP
TPS
CAC
COURT OF APPEAL, FIRST CIRCUIT
IDC PUTY CLERK OF COURT
FOR THE COURT
Calloway, J.,
serving as Judge pro tempore of the Court of Appeal, First
Circuit,
by special appointment of the Louisiana Supreme Court.