Appealed from the First Judicial District Court for the
Parish of Caddo, Louisiana Trial Court No. 585, 887 Honorable
Michael A. Pitman, Judge
LAW FIRM, PLC By: Randall B. Keiser Jeremy C. Cedars Counsel
SEABAUGH, JOFFRION, SEPULVADO & VICTORY, LLC By: Alan T.
Seabaugh Michael C. Melerine Counsel for Appellees
GARRETT, COX, and STEPHENS, JJ.
Kurt and Tabitha Perkins (referred to individually as
"Kurt" and "Tabitha, " respectively, and
collectively as the "Perkinses"), appeal a judgment
from the First Judicial District Court, Parish of Caddo,
State of Louisiana, in favor of Appellees, Air U Shreveport,
LLC ("Air U"), ABC Insurance, and John Doe(s). Air
U filed a motion for summary judgment, which the trial court
partially granted, dismissing part of the Perkins's
claims. The Perkinses appeal the trial court's
partial granting of the motion for summary judgment. For the
following reasons, we affirm.
is an indoor trampoline park located in Shreveport,
Louisiana. Kurt and his wife, Tabitha, were patrons at Air U
on July 19, 2014, when Kurt was injured. Kurt was 24 years
old at the time of the injury and had no known or apparent
medical issues. He had recently completed a stint in the U.S.
Marine Corps, and was working part-time while attending a
2, 2015, the Perkinses filed suit against Air U, ABC
Insurance Company, and John Doe(s).
deposition, Kurt stated, "I don't know why it
happened. I thought I could do a jump on a trampoline like
the other hundred kids jumping there." He stated he
could not remember what kind of jump he was doing before the
injury and recalled that he landed on both feet when his left
knee gave out. When his knee gave out, he fell to the
trampoline, holding his leg and hollering. He stated he lay
on the trampoline until he left on a stretcher with the
emergency medical technicians.
stated he had never had any other injury to his left leg or
medical treatment of his left leg. He stated that by looking
at the trampoline, it was set up and ready to use. He said he
did not notice any holes or loose or broken springs. Kurt
also stated he did not notice any difference between the
trampoline he was injured on and the other trampolines.
also stated in her deposition that she did not notice any
defects or anything visually wrong with the trampolines. She
recalled that before the accident, Kurt was bouncing off the
wall, but at the time of the accident, was jumping straight
up and down. She stated an employee of Air U told her he
could not call an ambulance because only a manager could call
Murphy, an owner of Air U, stated in his deposition that Mr.
McNabb and Mr. Hutchinson are his business partners in Air U.
He described Mr. McNabb as having extensive trampoline
experience, which includes a background in gymnastics and
serving on several national boards in the trampoline sport
industry. Mr. Murphy stated Air U had no liability insurance
in effect in July 2014 and is not a member of the
International Association of Trampoline Parks.
Murphy said that at the time Kurt was jumping, the rules
video was playing on a continuous loop in a public area and
the written rules were posted on public walls. He described
their inspection process as a daily tension test and
twice-weekly structural check. Before a patron is able to
jump at Air U, he or she is required to read and sign a
waiver. Kurt signed this waiver before his injury.
to his affidavit and CV, Dr. Gerald S. George has a
background in biomechanics, trampolines, and institutional
trampoline courts. He earned a Ph.D. in biomechanics with a
minor in psychology. Dr. George inspected Air U on behalf of
the plaintiffs and stated the following in his affidavit:
Allowing use of a trampoline device to propel oneself to
other trampolines is an unreasonably dangerous practice. The
unreasonably dangerous practice predisposes participants to a
higher than ordinary risk of serious injury. From a
biomechanical standpoint, the injuries sustained by Mr.