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Ludwig v. Jefferson Performing Arts Society
Citations: 737 So. 2d 1267; 1999 La. LEXIS 1711Docket: No. 98-C-2431
Court: Supreme Court of Louisiana; July 2, 1999; Louisiana; State Supreme Court
The court granted certiorari to evaluate whether the trial court's finding that an obstruction on the defendant's premises did not present an unreasonable risk of harm to the plaintiff was manifestly erroneous. The case involved Sandra Ludwig, who injured herself on a protruding metal base of stage equipment while returning to her seat in a darkened theater. Following the incident, Ludwig and her husband sued the Jefferson Performing Arts Society (JPAS). The trial court ruled in favor of JPAS, attributing the sole cause of the injury to Mrs. Ludwig's negligence. The appellate court affirmed this decision, leading the plaintiffs to seek further review. The key issue for review was whether the trial court's conclusion about Mrs. Ludwig's negligence being the sole cause of the accident was supported by the evidence. The court noted that while theater operators are not required to eliminate all potential dangers, they do have a heightened duty to ensure the safety of patrons. Evidence indicated that JPAS was negligent in storing the equipment in a manner that posed a hazard and in failing to provide warnings about its presence, especially given the low visibility conditions in the auditorium. However, Mrs. Ludwig also exhibited negligence by failing to adjust her eyes to the darkness upon re-entering the theater. Although she claimed not to have been distracted, the court highlighted that the dim conditions required her to exercise caution. Ultimately, while she bore some responsibility for the accident, the court found the trial court erred in not recognizing any fault on JPAS's part. The court concluded that it must now determine the appropriate percentage of fault to be assigned to each party. In Clement v. Frey, the court established that if a trial court's allocation of fault is found to be manifestly erroneous, a reviewing court must adjust the allocation to the highest or lowest point within the trial court's discretion. In this case, Mrs. Ludwig was found to have only twenty percent of the fault for her injuries, while the Jefferson Performing Arts Society (JPAS) was assigned eighty percent due to its negligent storage of equipment in a walkway without proper warnings or barricades. The trial court did not award damages to the plaintiffs, leading the reviewing court to remand the case for a damage assessment after further arguments. The judgment of the court of appeal was reversed, with fault allocated as stated. Additionally, the trial court's finding that Mrs. Ludwig was distracted during the incident was deemed unsupported by evidence. Mrs. Ludwig suffered a significant injury requiring extensive medical treatment and resulting in a permanent scar and ongoing pain. The case also involved a dismissed claim against the Jefferson Parish School Board. Justice Knoll dissented, arguing for full fault on the defendant's part.