ROBERTS V. STATE OF LOUISIANA
Ct. of App. La., 396 So.2d 566 (1981)
NATURE OF THE CASE: This was an appeal from a dismissal for a negligence action.
FACTS: While passing through a U.S. Post Office building, Roberts (P) fell and injured
his hip after he bumped into Burson, a blind concession stand operator located in that
lobby. Burson had left his stand to go to the mens room. P contends that Burson was
negligent because he was not using his cane. P sued the State of Louisiana (D1) through the
Louisiana Health and Human Resources Administration (D2), under respondeat superior and for
a negligent failure to supervise and oversee the safe operation of the concession stand.
Burson was not named in the suit. An expert for P argued that Burson was negligent in
traversing the concession area without the use of his cane. However, that expert admitted he
had conducted no study or examination of Burson's skills. The trial court ordered the suit
dismissed and P appealed that decision.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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