Broussard v. State

113 So. 3d 175 (2013)

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Broussard v. State

Louisiana Supreme Court
113 So. 3d 175 (2013)

Facts

Paul Broussard (plaintiff) was a United Parcel Service (UPS) delivery driver. Broussard delivered to the Wooddale Tower, a building owned by the state (defendant), on a daily basis. The Wooddale Tower had faulty elevators for years. The elevators commonly stopped between floors. The state received many complaints about the elevators. Employees that worked in the building regularly tripped when entering or exiting the elevators. One day, Broussard was making a delivery to the building and needed to use the elevator. The elevator stopped about one to three inches above the ground. Broussard had a dolly that was filled with about 300 pounds of deliveries. Upon entering the elevator, the offset from the floor caused Broussard to be severely injured by his dolly. Broussard brought suit against the state for his injuries. The jury found that Broussard was 38 percent at fault and that the rest of the fault belonged to the state. The state appealed. The appeals court reversed the award, stating that the determination that the uneven floors created an unreasonable risk of harm was erroneous. Broussard appealed.

Rule of Law

Issue

Holding and Reasoning (Knoll, J.)

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