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Keywords

plaintiffdefendantdepositionnegligenceaffidavitsummary judgment
plaintiffdefendantdepositionnegligenceaffidavitsummary judgment

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Allen v. Lockwood, 156 So.3d 650, 2014-1724 (La. 2/13/15)

Facts

The accident occurred in the parking area of Wesley Chapel United Methodist Church when an elderly church member, Hattie Lockwood, reversed her vehicle at a high rate of speed, striking the plaintiff. The church is located in a rural area, and congregants typically park among the trees and unpaved grassy areas. The plaintiff alleged that the church was responsible for the accident due to various defects in the parking area, but during her deposition, she admitted she could not identify any specific wrongdoing by the church.

The accident occurred in the parking area of Wesley Chapel United Methodist Church when an elderly church member, Hattie Lockwood, reversed her vehicle at a high rate of speed, striking the plaintiff. The church is located in a rural area, and congregants typically park among the trees and unpaved grassy areas. The plaintiff alleged that the church was responsible for the accident due to various defects in the parking area, but during her deposition, she admitted she could not identify any specific wrongdoing by the church.

Issue

Whether the church and its insurer are entitled to summary judgment when the plaintiff is unable to produce any evidence supporting her contention that their parking lot was unreasonably dangerous.

Whether the church and its insurer are entitled to summary judgment when the plaintiff is unable to produce any evidence supporting her contention that their parking lot was unreasonably dangerous.

Rule

The determination of whether a defect presents an unreasonable risk of harm is a question of law for the judge and a question of fact for the jury, but summary judgment is appropriate when the plaintiff fails to provide evidence supporting their claims.

The determination of whether a defect presents an unreasonable risk of harm is a question of law for the judge and a question of fact for the jury, but summary judgment is appropriate when the plaintiff fails to provide evidence supporting their claims.

Analysis

The court analyzed the evidence presented by the church defendants, which included affidavits and photographs showing that the parking area had been used without incident for decades. The plaintiff's inability to provide any evidence of negligence or to specify what the church did wrong led the court to conclude that there was no genuine issue of material fact regarding the alleged danger of the parking area.

The court analyzed the evidence presented by the church defendants, which included affidavits and photographs showing that the parking area had been used without incident for decades. The plaintiff's inability to provide any evidence of negligence or to specify what the church did wrong led the court to conclude that there was no genuine issue of material fact regarding the alleged danger of the parking area.

Conclusion

The Supreme Court granted the writ, reversed the district court's decision, and granted summary judgment in favor of Wesley Chapel United Methodist Church and GuideOne Specialty Mutual Insurance Company, dismissing the plaintiff's claims with prejudice.

The Supreme Court granted the writ, reversed the district court's decision, and granted summary judgment in favor of Wesley Chapel United Methodist Church and GuideOne Specialty Mutual Insurance Company, dismissing the plaintiff's claims with prejudice.

Who won?

Wesley Chapel United Methodist Church and GuideOne Specialty Mutual Insurance Company prevailed because the court found that the plaintiff failed to provide evidence of negligence or that the parking area was unreasonably dangerous.

Wesley Chapel United Methodist Church and GuideOne Specialty Mutual Insurance Company prevailed because the court found that the plaintiff failed to provide evidence of negligence or that the parking area was unreasonably dangerous.

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