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Collins v. Huynh12/22/2004
alcohol may, however, be held liable for injuries caused by a defect in the premises. Here, the facts are clear that the injury to Collins occurred on the defendants' premises. Thus, the defendants are not immune to the extent that Collins may have been injured as a result of defects in the premises.
In his oral reasons for ruling, the trial court stated that there are material issues of fact on the issue of premises liability. Reviewing the record de novo, we find that the record does not support that contention. While the plaintiff's Petition for Damages alleges defects in the premises, there is no evidence in the record supporting that claim. The defendants' memorandum in support of summary judgment and the supporting affidavit and exhibits are made a part of the record. Likewise, the defendants' reply to the plaintiff's memorandum in opposition to summary judgment is made a part of the record. However, the record does not include the plaintiff's memorandum in opposition to summary judgment, which included some evidence supporting their claims of premises liability. As a court of record, we cannot consider evidence that was not filed into the record in the trial court. Butler v. DePuy, 04-101 (La.App. 3 Cir. 6/9/04), 876 So.2d 259. There is no evidence in the record that would support a finding that the defendants' premises were a proximate cause of the plaintiff's injuries.
Accordingly, the trial court's judgment is affirmed on different grounds.
AFFIRMED.
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