Archive for the ‘Louisiana’ Category

Don’t Believe the Type – No Liability Coverage for Event Production Company Despite Contrary Insurance Certificate (LA)

August 4, 2015

Daniels v. SMG Crystal, LLC (Louisiana)

This case revolves around the 2005 Essence Festival held at the Louisiana Superdome in New Orleans. An attendee of the event slipped and fell on an unknown substance at the Superdome, suffering personal injury.  She filed a lawsuit against government entities, the Superdome manager, the festival organizer, and a production company hired by the organizer to produce the festival.  The government entities and the Superdome manager filed cross-complaints against the festival organizer and the production company seeking defense and indemnity protection.  The organizer filed a cross complaint against the production company and its commercial general liability (“CGL”) insurer.  The insurer eventually filed a motion for summary judgment on the grounds that it did not owe a duty to defend or indemnify any of the parties under the CGL policy.  The District Court initially denied the motion, but later granted the insurer’s motion for a new trial and for summary judgment.  Appeals followed.  On appeal, the Court of Appeal of Louisiana vacated the District Court decision and remanded the matter.  On remand, the District Court granted the insurer’s motion for summary judgment against the injured attendee and the production company on the issue of insurance coverage, and it dismissed all the claims against the insurer.  The production company appealed again. (more…)

Big Bag of Beads – New Orleans Krewe Not Liable for Injury to Parade Attendee (LA)

May 18, 2015

Citron v. Gentilly Carnival Club Inc. (Louisiana)

The plaintiff was a long time member the defendant Endymion Krewe, a carnival organization that hosted parades and events in New Orleans.  Her and her husband attended a parade and extravaganza event hosted by Endymion.  When the parade was making its loop through the Superdome, plaintiff was hit in the head by a bag of beads.  She received first aid treatment on site, and was then transported to a local hospital.

Plaintiff filed a lawsuit against the Endymion Krewe, alleging that it was liable both in its capacity as a organization and vicariously for its krewe member’s actions.  Plaintiff alleged that her injuries were caused by the “deliberate and wanton act or gross negligence” of the defendant, and that the defendant “willfully and knowingly permit its members to throw full bags of beads overhand in a space where people are seated, eating and enjoying musical entertainment.”  Plaintiff also asserted that because the defendant required its float “riders to be masked making identification of the individual tortfeasor impossible,” the defendant “must be liable for the conduct of its members.”

Defendant argued that each member of the Endymion Krewe received two tickets to enter into the subject extravaganza, and the tickets had a limitation of liability and assumption of risk printed on the back.  Defendant also asserted the affirmative defenses of comparative fault on the part of plaintiff (or third parties) and immunity for liability under the Mardi Gras immunity statute (La. R.S. 9:2796).  The statute, which was first enacted in 1979 to help control rising insurance costs for parading organizations, provides broad immunity for krewes that sponsor parades, and it provides that anyone who attends such a parade “assumes the risk of being struck by any missile whatsoever which has been traditionally thrown, tossed or hurled by members.”  The krewe bears the initial burden of providing evidence to establish its right to immunity under the statute.  Once established, the burden then shifts to the claimant to establish that the krewe engaged in gross negligence (an exception to the immunity).

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Black and Blue Light Special – Sporting Goods Store Not Liable for Injury Caused by Bicycle Riding Patron (LA)

May 15, 2015

Orr v. Academy Louisiana Co, LLC (Louisiana)

Plaintiff and her daughter entered an Academy Sports and Outdoor Store in Alexandria, Louisiana to shop for shoes.  While plaintiff was attempting to help her child try on a pair of shoes, she was struck by an adult male who was riding a young girl’s bicycle.  The bicycle rider initially offered assistance to the injured plaintiff, but when she refused, he fled the scene.  After plaintiff reported the incident to the store, they located the bicycle, but could no the man involved.

Plaintiff sued the store and its insurance company, and her husband joined the litigation with a loss of consortium claim.  The defendants denied liability, asserted the fault the unknown bicycle rider, and argued comparative fault on the part of plaintiff.  After a trial on the merits, the trial court found that the store was one hundred percent at fault for the plaintiff’s accident, awarding plaintiff its jurisdictional limit of $50,000 in damages.  Defendant appealed, alleging the trial court erred: (1) in finding that plaintiff had met her burden of proof; (2) in finding that the store was negligent when the incident could not have been reasonably anticipated; and (3) in failing to assign fault on the unknown customer/tortfeasor.

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