FROM THE FIFTEENTH JUDICIAL DISTRICT COURT PARISH OF
LAFAYETTE, NO. C-20155666 HONORABLE EDWARD D. RUBIN, DISTRICT
D. Billings, Douglas K. Williams, Breazeale, Sachse &
Wilson, L.L.P., COUNSEL FOR DEFENDANT/APPELLEE: Our Lady of
Lourdes Regional Medical Center, Inc.
A. Bryant Marcus A. Bryant, LLC., COUNSEL FOR
PLAINTIFF/APPELLANT: Mona James.
composed of John D. Saunders, Billy Howard Ezell, and Candyce
G. Perret, Judges.
D. SAUNDERS JUDGE.
a case involving an alleged slip and fall at a hospital. The
Plaintiff's case was dismissed via summary judgment based
on her inability to prove the notice requirement under
La.R.S. 9:2800.6(B) in order to find fault by the hospital.
Days prior to the hearing on the motion for summary judgment,
Plaintiff requested a continuance and leave of court to amend
and supplement her petition. The trial court denied the
motion for continuance without a hearing and denied the
request for leave of court to amend and supplement her
petition. Thereafter, the trial court granted defendant's
motion for summary judgment dismissing the claim with
AND PROCEDURAL HISTORY:
December 23, 2014, Mona James, (Appellant) went to Our Lady
of Lourdes Regional Medical Center in Lafayette to visit her
sister who was a patient in the intensive care unit located
on the third floor of the hospital. After visiting her
sister, Appellant alleges that she slipped and fell due to a
foreign substance on the floor. As a result of the alleged
slip and fall, on November 12, 2015, Appellant filed suit
against Our Lady of Lourdes Inc. (Appellee).
December 21, 2015, Appellee answered the suit denying all
allegations specifically stating that it had no notice of any
condition which allegedly caused Appellant to slip and fall,
a requirement for a finding of fault under La.R.S.
9:2800.6(B). After the parties had adequate time to conduct
discovery on the issues present in this case, on May 25,
2017, Appellee filed a motion for summary judgment. It was
based on the assertion that Appellant could not meet her
burden to prove at trial that Appellee created the alleged
hazardous condition or had actual or constructive notice of
the condition and failed to exercise reasonable care.
support of its motion, Appellee submitted the deposition
testimony of Appellant who admitted that she did not know
where the substance came from or for how long it was there.
Further, Appellee submitted affidavits from multiple hospital
employees that attested to no reports of spills or water on
the floor the day of the alleged fall and to no reports or
records of substances on the floor from any maintenance
issues that day. Finally, Appellee submitted affidavits that
the floors in that area were cleaned twice daily per
housekeeping regulations and that all hospital employees
monitor the floors and are to report any potential hazards.
did not respond to Appellee's motion until a few days
before the hearing was scheduled by filing a motion for leave
of court to supplement and amend her petition and by filing a
motion for a continuance. On the same day these requests were
made by the Appellant, the trial court denied the requests.
The next day, the Friday before the hearing which was
scheduled the following Monday morning, Appellant filed an
opposition to Appellee's motion for summary judgment.
counsel attended the Monday hearing while Appellant's
counsel did not. After considering the pleadings and evidence
submitted, the trial court granted Appellee's motion.
Appellant filed the present appeal and presents two issues
for this court to review.