Caitlin Scott v. City of New Orleans by and Through the New Orleans Aviation Board D/B/A Louis Armstrong New Orleans International Airport

Summary

The Louisiana Fourth Circuit Court of Appeal reversed a summary judgment dismissing Caitlin Scott’s premises-liability claims arising from a slip and fall at Louis Armstrong New Orleans International Airport. The court held that an unchallenged expert report created a genuine issue of material fact regarding allegedly defective flooring and that the district court abused its discretion by denying additional discovery.

Holdings

1. Summary judgment was improper because plaintiff's unobjected-to expert report created a genuine issue of material fact regarding whether the flooring was defective, which could impute constructive notice to the public entity.
2. The district court abused its discretion in denying the motion to continue because the four-part test for inadequate discovery weighed heavily in favor of allowing additional time.

Questions Presented

1. Whether the district court erred in granting summary judgment where plaintiff raised a genuine issue of material fact regarding notice and defective flooring.
2. Whether the district court erred in denying plaintiff's motion for continuance to conduct additional discovery.

Disposition

reversed_and_remanded