Premises Liability - Miles v. City of Kenner, et al.

Mr. Kerrigan and Mr. Lewis obtained summary judgment in a premises liability lawsuit on behalf of the City of Kenner and the contractor hired to operate and maintain the City’s wastewater system, Veolia North America. Veolia employees performed repair work that required the removal of three sections of the sidewalk. After the initial phase of construction, sand was put in place of the removed sidewalk and the area was barricaded and cordoned off. Sometime after the Veolia work crew left, a third-party removed the barricades. Thereafter, plaintiff alleges that he rode his bicycle into the removed sections of sidewalk and suffered injuries. The defendants’ motion for summary judgment asserted that neither the City nor Veolia ever received actual or constructive notice of the removal of the barricades, thus, they could not be held liable under LA. CIV. CODE arts. 2317 and 2317.1 or LA. REV. STAT. § 9:2800. The trial court agreed and dismissed plaintiff’s claims in their entirety. Miles v. City of Kenner, et al., 24th Judicial District Court, Jefferson Parish, Louisiana, No. 714-887, Div. “E.”