COLVIN v. PNK BOSSIER CITY LLC (2020)

Writ application denied.

I would grant the writ application of defendant, PNK (Bossier City) LLC d/b/a Boomtown Bossier City, to determine whether the district court erred in denying its motion for summary judgment. In this trip and fall case, the issue presented is whether a one-and-one half inch deviation in a sidewalk from a parking garage to a lower parking lot on property owned by defendant created an unreasonable risk of harm. I question whether there are genuine issues of material fact and whether, under the circumstances, defendant is entitled to judgment as a matter of law. See Chambers v. Vill. of Moreauville, 2011-898 (La. 1/24/12), 85 So. 3d 593, 598 (“Louisiana jurisprudence has consistently held that a one-and-one half inch deviation does not generally present an unreasonable risk of harm.”). Accordingly, I would grant this application, assign the case for briefing, and allow the parties to request oral argument pursuant to La. C.C.P. art. 966(H).

Crichton, J., would grant and assigns reasons. Crain, J., would grant and docket.