Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Boyce v. CUSA, LLC

United States District Court, W.D. Louisiana, Shreveport Division

February 12, 2019

REBECCA BOYCE, ET AL.
v.
CUSA, LLC, ET AL.

          MARK L. HORNSBY Judge.

          RULING

          TERRY A. DOUGHTY UNITED STATES DISTRICT JUDGE.

         Pending before the Court is a Motion for Summary Judgment filed by Plaintiffs Rebecca Boyce and Bao HO (“Plaintiffs”) [Doc. No. 38] on the issue of liability. Defendants CUSA, LLC d/b/a Baymont Inn and Suites, Liberty Surplus Insurance Corporation and Citizens Bank (“Defendants”), have filed an opposition [Doc. No. 46]. Plaintiffs have filed a reply to the opposition [Doc. No. 47]. The matter is fully briefed and the Court is prepared to rule.

         I. FACTS AND PROCEDURAL BACKGROUND

         This case arises from a slip and fall accident. Plaintiffs contend that Rebecca Boyce suffered injuries to her left big toe, right wrist, and left hip on June 16, 2017, when she tripped and fell on a piece of rebar protruding from the cement deck area of a swimming pool at a Baymont Inn and Suites Hotel (“the Hotel”) located in Shreveport, Louisiana.

         On December 18, 2017, Plaintiffs filed suit against Defendants in the First Judicial District Court for the Parish of Caddo, State of Louisiana. Defendants removed the lawsuit to this Court on February 7, 2018.

         II. LAW AND ANALYSIS

         A. Summary Judgment

         Summary judgment “shall [be] grant[ed] . . . if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(a). A fact is “material” if proof of its existence or nonexistence would affect the outcome of the lawsuit under applicable law in the case. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986). A dispute about a material fact is “genuine” if the evidence is such that a reasonable fact finder could render a verdict for the nonmoving party. Id.

         If the moving party can meet the initial burden, the burden then shifts to the nonmoving party to establish the existence of a genuine issue of material fact for trial. Norman v. Apache Corp., 19 F.3d 1017, 1023 (5th Cir. 1994). The nonmoving party must show more than “some metaphysical doubt as to the material facts.” Matsushita Elec. Indus. Co., Ltd. v. Zenith Radio Corp., 475 U.S. 574, 586 (1986). In evaluating the evidence tendered by the parties, the Court must accept the evidence of the nonmovant as credible and draw all justifiable inferences in its favor. Anderson, 477 U.S. at 255.

         B. Premises Liability

         Plaintiffs brought suit under Louisiana Civil Code articles 2317 and 2371.1. They contend that they are entitled to summary judgment because Defendants failed to exercise reasonable care to discover and remedy the tripping hazard. Defendants respond, first, that the rebar presented an open and obvious condition which precludes a finding of liability, and second, that liability cannot be determined at this stage because Plaintiff Rebecca Boyce bears some comparative fault.

         1. Open and Obvious Condition

         Plaintiffs assert that it is undisputed that the rebar protruding from the pool deck was present when Citizens Bank acquired the hotel in November 2015 and engaged CUSA, LLC to manage the property; that the rebar as depicted in the photographs was discoverable upon simple inspection; that Defendants had the obligation to inspect both in law and fact as set forth in Defendants' policies; that the rebar presented a hazard; that Rebecca Boyce was injured by this hazard; and that the hazard could have been eliminated by exercising reasonable care as the rebar was cut flush with the ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.