Frederina Williams VS Commercial Properties Management and National Fire Insurance Company of Hartford
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NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT 2008 CA 2481 FREDERINA WILLIAMS VERSUS COMMERCIAL PROPERTIES MANAGEMENT AND NATIONAL FIRE INSURANCE COMPANY OF HARTFORD Judgment Rendered JUN 1 9 2009 APPEALED FROM THE NINETEENTH JUDICIAL DISTRICT COURT IN AND FOR THE PARISH OF EAST BATON ROUGE STATE OF LOUISIANA DOCKET NUMBER C562592 DIVISION 26 THE HONORABLE KA Y BATES JUDGE Dele A Adebamiji Felicia E Adebamiji Baton Rouge Louisiana Gregory W Roniger Metairie Louisiana BEFORE 9 4 refl tlo 0 Attorney for Plaintiff Appellant Frederina Williams Attorney for Defendants Appellees National Fire Insurance Company of Hartford and Commercial Properties Management PETTIGREW McDONALD HUGHES JJ McDONALD J In this the case Louisiana Office of Ms Williams is while was an plaintiff Frederina Williams is Group Benefits located eligibility supervisor for on employee an of the State of Florida Boulevard in Baton Group Benefits On walking through the Group Benefits office parking lot Rouge January 25 2007 Ms Williams fell and injured Thereafter Ms Williams filed suit for Commercial Properties Management and Company of Hartford asserting that the of and insufficient maintenance and damages against the insurer its cause owner of the lot National Fire Insurance of the accident was the negligence repair of the parking lot by Commercial Properties Management Thereafter National Fire Insurance Company of Hartford filed summary judgment asserting that the cracks in the shown in a picture taken in the area cracks found in broad expanses of risk of harm After a hearing on concrete where Ms Williams fell concrete and did not of the were present parking lot the an motion for a typical unreasonable the motion for summary judgment the trial found that Ms Williams had traversed the parking and that the cracks in the open and obvious condition court granted a de the district Bowman App v City 1 Cir 5 9103 So 2d 315 answers to summary to the accident The trial and dismissed Ms Williams suit judgment is appropriate appellate review of the evidence novo court judgment daily prior court appealed that judgment determining whether In were an the motion for summary Ms Williams has conduct concrete lot thin s employing the determination of whether summary of Baton Rouge Parish of East same criteria that govern judgment Baton Rouge is appropriate 2002 1376 849 So 2d 622 626 writ denied 2003 1579 La 10 3 03 Summary judgment shall be rendered interrogatories and admissions 2 on file if the courts La 855 pleadings depositions together with the affidavits if any show that there is entitled to judgment After a de as a novo trial court mover genuine matter as to material fact and that mover is La C C P art 966 B case parking lot did is entitled judgment issue of law review of the that the condition of the and find that no we find no not create to judgment as a genuine an unreasonable risk of harm matter of Ms Williams is cast with costs issue of material fact law This Thus judgment accordance with the Uniform Rules Courts of Appeal Rule 2 16 1 B AFFIRMED 3 we affirm the is issued in
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