Cynthia Bozeman v. Golden Nugget Lake Charles, LLC

Summary

The Louisiana Court of Appeal, Third Circuit, affirmed a judgment awarding Cynthia Bozeman $832,479.92 after she tripped on a rippled rug at the Golden Nugget Lake Charles casino. The court held that the trial court properly applied Louisiana Revised Statutes 9:2800.6, which governs merchant premises liability, and that the findings of liability and damages were not manifestly erroneous or abusively excessive.

Holdings

1. The trial court did not commit reversible legal error because its written reasons correctly applied Louisiana Revised Statutes 9:2800.6, notwithstanding its earlier oral reference to Louisiana Revised Statutes 9:2800.
2. The trial court did not manifestly err in finding Golden Nugget liable under Louisiana Revised Statutes 9:2800.6.
3. The $800,000 total award for general damages and loss of enjoyment of life was not abusively high and did not constitute an abuse of discretion.

Questions Presented

1. Whether the trial court applied the wrong legal standard by relying on Louisiana Revised Statutes 9:2800 rather than Louisiana Revised Statutes 9:2800.6.
2. Whether Golden Nugget was liable under Louisiana Revised Statutes 9:2800.6 for Bozeman's fall caused by the rippled rug.
3. Whether the trial court abused its discretion by awarding $500,000 in general damages and $300,000 for loss of enjoyment of life.

Disposition

affirmed