LEWIS v. HOSPITAL SERVICE DISTRICT OF PARISH OF ST BERNARD (2020)

Writ application denied.

I would grant and assign for briefing defendant's writ application to examine the important policy considerations presented in this trip and fall case. As astutely noted by Judge Tiffany Chase in her dissent to the court of appeal opinion, defendant submitted in support of its motion for summary judgment undisputed photographic evidence depicting the large crack in pavement at issue in this matter. Moreover, plaintiff concedes that it was a clear day when she fell and there were no obstructions blocking her view of the pavement crack. I believe the question of whether such evidence is sufficient to establish that there is no genuine issue of material fact as to whether a defect is obvious and apparent warrants further study by this Court. See Bufkin v. Felipe's Louisiana, LLC, 2014-0288, p. 6 (La. 10/15/14), 171 So.3d 851, 856 (“[A] defendant generally does not have a duty to protect against that which is obvious and apparent.”). 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.