MAHER NMI v. NEW ORLEANS CITY PARK (2024)

Writ granted in part. The State, through the Department of Culture, Recreation and Tourism (“DCRT”), argued two bases for its summary judgment motion: 1) it is immune from liability under La. R.S. 9:2795, the Recreational Use Statute; and 2) plaintiffs cannot meet their burden of proving actual or constructive notice under La. R.S. 9:2800, the statute pertaining to limitation of liability for public bodies. The lower courts only addressed the first ground. Therefore, the writ is granted for the sole purpose of amending the court of appeal judgment to remand the case to the district court with instructions to address whether DCRT has demonstrated that plaintiffs cannot meet their burden of proving it had actual or constructive notice of the alleged defective catch basin prior to Lola Maher's fall, had a reasonable opportunity to remedy the defect and had failed to do so. See La. R.S. 9:2800; La. C.C.P. art. 966(D)(1). In all other respects, the writ is denied.

AMENDED AND REMANDED

PER CURIAM