# Temple v. Morgan

> Louisiana Court of Appeal · June 3, 2016 · 2015 La.App. 1 Cir. 1159

URL: https://www.frixlaw.com/law-library/cases/4828350

## Case

- **Full name:** Eva TEMPLE v. Julie Sibley MORGAN East Baton Rouge City Parish Government William Daniel, Director of the Department of Public Works for the City Parish Government of East Baton Rouge XYZ Insurance Company and 123 Insurance Company
- **Court:** Louisiana Court of Appeal
- **Decided:** June 3, 2016
- **Citations:** 2015 La.App. 1 Cir. 1159; 196 So. 3d 71; 2016 La. App. LEXIS 1121; 2016 WL 3126117
- **Precedential status:** Published
- **Opinion:** Dissent by Pettigrew
- **Judges:** Crain, Higginbotham, Pettigrew
- **Cited by:** 25 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4828350

## How later opinions describe it (automated extraction)

- holding that cracks in sidewalk were an open and obvious defect

## Opinion text

PETTIGREW, J.,.
dissents, and assigns reasons.
1 iThe innocent of the state, beware of the minefield known as “open and obvious.” In my opinion, the trial court and majority have improperly weighed evidence and made credibility determinations on a motion for summary judgment. After a review, of the record, and based .upon direct and circumstantial evidence introduced, there are material issues of fact outstanding that preclude the granting of a summary judgment. I would reverse the trial court.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4828350. Public record. Not legal advice.