FROM THE FIFTEENTH JUDICIAL DISTRICT COURT PARISH OF
LAFAYETTE, NO. C-20130248 HONORABLE EDWARD D. RUBIN, DISTRICT
Matthew J. Hill, Jr. Attorney at Law, Counsel for
Defendant/Appellee: State Farm Fire & Casualty Co. MGM
J. Greenhouse Attorney at Law, Counsel for
Plaintiff/Appellant: Crystal Grossie
composed of Sylvia R. Cooks, John E. Conery, and D. Kent
KENT SAVOIE, JUDGE.
Crystal Grossie appeals the ruling of the trial court,
granting Defendant State Farm Fire and Casualty Company's
(State Farm) Motion for Summary Judgment and dismissing
Grossie's claims. For the following reasons, we affirm.
afternoon of February 21, 2012, Crystal Grossie was walking
to a Mardi Gras parade in Lafayette, Louisiana. On the way,
she passed through a property located at 1015 St. John Street
and owned by Defendant MGM Properties, Inc. While on the
property, Grossie tripped and fell on a piece of metal that
was driven into the ground adjacent to the walkway. In her
Petition for Damages filed January 15, 2013, she claimed to
have sustained damages to her chin, jaw, hip, neck and back,
as well as fracturing several teeth. Grossie named as
Defendants MGM Properties, Inc., the owner of the property,
and its property insurer State Farm. Grossie subsequently
filed a Partial Judgment of Dismissal which dismissed MGM
Properties, Inc., leaving State Farm as the only Defendant.
Farm filed a Motion for Summary Judgment on December 29,
2015, alleging a lack of evidence regarding: (1) whether the
condition presented an unreasonable risk of injury; and (2)
whether MGM Properties, Inc. and/or State Farm had the
requisite prior knowledge of the condition. After a hearing
on the motion held October 16, 2017, the trial court granted
State Farm's Motion for Summary Judgment and dismissed
Grossie's claims with prejudice. Grossie now appeals.
1. The trial court was manifestly erroneous in failing to
submit on the record or in writing its [reasons for granting]
Appellees/Defendants' Motion for Summary Judgment.
2. The trial court committed manifest error in granting the
Appellee/Defendants' Motion for Summary Judgement stating
lawn timber and metal stripping are not hazardous.
3. The trial court erred as a matter of law as there are
genuine issue of material facts in this case that should be
decided by the trier of fact as this case was scheduled as a