Bergeron v. Southeastern Louisiana University
Louisiana Court of Appeal
610 So. 2d 986 (1992)
- Written by Jennifer Flinn, JD
Facts
Ervin Bergeron (plaintiff) was a student at Southeastern Louisiana University (defendant). Bergeron lived in a dormitory on campus. One evening, after rainy weather, Bergeron walked into the dormitory lobby and slipped, hitting his head on the floor and causing serious injury. At the time of the fall, the lobby floors, which consisted of a hard, marble-like substance, were wet from the rain and slippery. Typically, after rainfall, the lobby monitor was to mop up any water on the floor as necessary, place a mat down on the floor by the entry, and place warning signs in the lobby. None of these precautions were taken on the night of the accident. In addition, Bergeron was wearing rubber “flip-flops,” though he had been warned by the resident manager of the dormitory not to wear flip-flops in the lobby. Bergeron filed a lawsuit against the university to recover damages based on negligence and strict liability. The trial court awarded Bergeron damages of $35,000 and failed to find that Bergeron was contributorily negligent in the accident. The university appealed.
Rule of Law
Issue
Holding and Reasoning (Crain, J.)
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