 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Robertson v. State12/10/1999
Judgment rendered December 10, 1999. Application for rehearing may be filed within the delay allowed by Art. 2166, La. C.C.P.
Honorable Cynthia T. Woodard, Judge
PUBLISHED APPENDIX ATTACHED
BROWN, J., dissents with written reasons.
After their son died from head injuries from a fall from the roof of the university's natatorium, plaintiffs brought this wrongful death action against the university and other state entities. Plaintiffs assert that the university was negligent in failing to prevent access to the roof after other students had previously climbed the roof and fallen. The trial court rejected plaintiffs' claims and granted defendants' summary judgment. We affirm.
Facts
Joanne and Edward Robertson bring this wrongful death action for the loss of their son, Trey Robertson ("Trey"). Named as defendants were Louisiana Tech University ("Tech"), the Board of Trustees for State Colleges and Universities, and the State of Louisiana, through the Department of Facility Planning and Control. In support of and in opposition to the defendants' summary judgment motion, the parties submitted several depositions, affidavits, photographs and documents. The submissions by both parties are fairly consistent and the facts demonstrated by them are summarized as follows.
In 1984, Tech constructed a roof (hereinafter the "Roof") over its swimming pool or Natatorium. As shown by a photo of the Natatorium (Appendix A), the Roof extends to within several feet of the ground with steel beams or buttresses sloping beyond the roof line to the ground. After hoisting himself up on one of the buttresses, a person would have to negotiate approximately 154 feet of the metal roof to its apex which is approximately 56 feet off the ground.
The Natatorium is located on the campus close to the dormitories and the Kappa Alpha fraternity house. A major artery of the campus, Tech Boulevard, runs beside the building, and the campus cafeteria is next door. Students must routinely walk past the Natatorium going to and from classes to the dorms.
As construction was completed, there were two reported incidents of students climbing the Roof in 1985. The first incident was on January 24, 1985. Two male students were observed climbing the Roof at approximately 11:38 p.m. According to the campus police report, the students appeared to be intoxicated. Neither student was injured.
On September 6, 1985, four students were observed on the Roof at approximately 12:47 a.m. One student fell or jumped from the south end of the roof and suffered a compound fracture of his vertebrae. Again, the police report indicated that the students appeared to be intoxicated.
When the Roof was built, Robert Dowling was the Director of the Natatorium. Dowling's deposition, submitted by both parties, stated that following these two midnight climbing excursions "informal" discussions took place about the problem. Dowling stated that his boss, the Director of Recreation, and the campus engineer took part in the discussions. Although recognizing the problem, they concluded "that there was nothing that could be done about it that would actually stop it from happening . . . ."
Thereafter, on August 24, 1989, at around 11:15 p.m., a student climbed one side of the roof then fell down the other side. He sustained a broken wrist and compressed and fractured vertebrae. According to the police report, this student had also been drinking.
Following this 1989 incident, Dowling testified that renewed discussions concluded that because the students were intoxicated "it (preventative action) was not something that the
Page 1 2 3 4 5 6 7 8 9 10 11 12 Louisiana DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|