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Benoit v. City of Lake Charles7/20/2005
ithin a populated city near a residential area of a town or city in Landry v. Board of Levee Commissioners of Orleans Levee District, 477 So.2d 672 (La.1985), and Ratcliff v. Town of Mandeville, 502 So.2d 566 (La.1987) have not been immunized areas. The cases which have not fit within the third prong of Keelen's three-part test include a dock located at a civic center complex within corporate city limits in Brooks v. City of Lake Charles, 488 So.2d 465 (La.App. 3 Cir. 1986) and a children's slide in a town park in Wadsworth v. Town of Berwick, 484 So.2d 762 (La.App. 1 Cir. 1986).
The location of the injury in this case and the status of the injured party as a spectator do not satisfy Keelen's three-part test. The majority errs.
Moreover, the majority's analytical model is much too broad and turns the interpretation of this restrictive statute topsy-turvy. Louisiana Revised Statutes 9:2795 has to be construed strictly, not broadly. The majority errs again. If we were to extend the broad statutory construction used by the majority, a "public park" in Section (E)(2)(a) may be characterized as common property, subject to certain regulatory limitations by a municipal, parish, or state authority. See e.g., Crick v. Ward Four Recreation Comm'n, 256 So.2d 840 (La.App. 3 Cir. 1972). Consequently, anyone attending a recreational event at the Louisiana Superdome, at a ballpark on the campus of a state college, or at a municipal or parish-owned facility would be deprived of a right to sue that public entity in tort for an injury . Surely, this was not the intent of the legislature.
The majority has subverted the intent of the legislature and has done injury to legitimate tort victims with a result that does not withstand analytical analysis or jurisprudential precedent.
For the foregoing reasons, I respectfully dissent in part.
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