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Zulli v. Coregis Insurance Co.7/26/2005
iscovery or preparation was necessary, they could have asked for additional time to conduct discovery or to continue the trial. In a memorandum in support of their Motion for Summary Judgment, defendants indicated that they would not object if plaintiffs requested additional time to conduct discovery and/or to continue the trial date. However, plaintiffs did not request time to perform additional discovery or to continue the trial date.
As stated above, the trial court has broad discretion in ruling on motions to amend pleadings. Considering the record before us, we find that the trial court did not abuse its discretion by allowing defendants to amend their Answer to assert the affirmative defense of immunity under LSA-R.S. 9:2791 and 9:2795. Accordingly, this assignment of error is without merit.
In their second assignment of error, plaintiffs argue that the trial court erred by improperly relying on an expansive dictionary definition to find that the jetty is a "public park" and by broadly construing and applying Louisiana's Recreational Use Immunity Statutes. They assert that the jetty is a "12 foot-wide strip of concrete rip-rap capped with clay that projects into Lake Pontchartrain," and that it does not have any of the fundamental features of a park, such as equipment, sidewalks, benches, tables, signs, lights, shrubbery, electricity, and lighting. They further argue that there are no documents establishing that the jetty is a park.
Defendants respond that the fishing jetty was built and used for recreational activities that involve a "park." They contend that because the term "park" is not defined in the statutes or caselaw, the trial court properly referred to Webster's II New College Dictionary, p. 799 (2001), which defines "park" as " tract of land reserved for public use-an expanse of enclosed grounds for recreational use." They further assert that a "park" is clearly an area that provides recreational facilities.
At trial, Monique Granier, who is the risk manager for St. Charles Parish, testified that the St. Charles Department of Parks and Recreation is responsible for maintaining the fishing jetty. She also testified that the United States Park Rangers patrol the entire Bonne Carre Spillway, including the jetty. Earl Matherne, who is the Coastal Zone Management Administrator for St. Charles Parish, testified that he was responsible for the initial permitting of the jetty, and that the fishing jetty is a recreational area used for fishing, crabbing, and other recreational activities.
We find no error in the trial court's finding that the jetty constitutes a public park that is managed by St. Charles Parish through its Department of Parks and Recreation. LSA-R.S. 9:2791 and 9:2795 extend to urban or rural lands that are owned, leased, or managed as a public park. The record in this case supports the trial court's finding that the jetty is used and managed as a public park, making the Recreational Use Immunity Statutes applicable in this case. Accordingly, the trial court properly applied these immunity statutes to this case, and this assignment of error is without merit.
DECREE
For the reasons set forth above, we affirm the judgment of the trial court, dismissing plaintiffs' claims against defendants.
AFFIRMED.
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