Freddie J. Perez, Sr. VS Lafourche Parish Council

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NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT 1 ouWKWE FREDDIE J PEREZ SR VERSUS LAFOURCHE PARISH COUNCIL 1V Judgment Rendered May 7 2010 APPEALED FROM THE SEVENTEENTH JUDICIAL DISTRICT COURT IN AND FOR THE PARISH OF LAFOURCHE STATE OF LOUISIANA DOCKET NUMBER 104631 DIVISION A THE HONORABLE JOHN E LEBLANC JUDGE Larry P Boudreaux Attorney for PlaintiffAppellant Thibodaux LA Freddie J Perez Sr Leslie J Clement Jr Thibodaux LA Attorney for Defendant Appellee Parish of Lafourche BEFORE PARRO KUHN AND McDONALD JJ The defendant answer stated that the proper party defendant was the Parish of I s afourche McDONALD J This is a suit for personal injuries that occurred during Hurricane Rita when the plaintiff Freddie J Perez Sr attempted to check on a drainage pump owned by the defendant the Parish of Lafourche The drainage pump is used to pump water out of the area where Mr Perez home is located Mr Perez was walking s up the wooden ramp to the pump during the rain before daybreak when he fell and broke his leg After a bench trial the district court judge found that Mr Perez failed to establish that the Parish of Lafourche owed him a duty to protect him from their equipment and dismissed the suit Mr Perez appeals citing three errors 1 The court failed to consider judicial and legislative changes made to the law on slip and fall claims 2 The court erred in determining that the defendant did not owe the plaintiff a duty to protect him from defects on the pump or its structure 3 It was error to find that the plaintiff did not have permission from the Parish to enter the premises of the pump After a thorough review of the law and the record in this matter we find no error in the action of the district court Therefore the judgment is affirmed and this opinion is issued in compliance with Louisiana Uniform Rules Courts of Appeal Rule 2 16 and 6 Costs are assessed against the plaintiff 5 4 2 2A Freddie J Perez Sr AFFIRMED 2

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