Judgment For Wheel Chair Passenger Who Was Injured While Being Carried On Stairs Due To Broken Elevator Was Affirmed
NICHOLAS J. MUSACCHIA, JR. VERSUS HILTON NEW ORLEANSCORPORATION, NEW ORLEANS PADDLEWHEELS, INC., QUEEN OF NEW ORLEANS, INC., QUEENOF NEW ORLEANS AT THE HILTON JOINT VENTURE, NEW ORLEANS PADDLEWHEELS (TEXAS),INC., HILTON HOTELS CORPORATION AND HILTON HOTELS PARTNER I, INC.
NO. 2003-CA-1100
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT
2003-1100 (La.App. 4 Cir, 06/02/04);
2004 La. App. LEXIS 1524
June 2, 2004, Decided
PROCEDURAL POSTURE: Defendants, a casino gaming vessel and an individual, appealed a judgment from the Civil District Court, Orleans Parish (Louisiana), which, in a bench trial under general maritime law, awarded damages to plaintiff patron for personal injuries sustained aboard the vessel.
OVERVIEW: The elevator in the vessel was not operational when the patron visited. The patron, who used a wheelchair, received assistance from the vessel's employees in boarding and leaving the vessel. He was injured when he fell from his chair. The court affirmed the judgment in favor of the patron, concluding that the vessel owner was negligent in instructing its employees to carry wheelchair patrons up and down flights of stairs when safer means could have been used. The vessel owner breached its duty to provide a safe means of ingress and egress. Comparative negligence could not be imputed to the passenger because he allowed the vessel's employees to assist him in boarding or because he did not give them instructions in how to do so. Although it was probable that the individual defendant participated in the effort to carry the patron, his involvement was minimal; hence, the allocation of a small percentage of fault to him was not demonstrably wrong. Based on the medical testimony given, the injuries caused the patron to endure great pain and suffering. Accordingly, the court found that a substantial award of damages did not constitute a clear abuse of the trial court's discretion.
OUTCOME: The court affirmed the judgment in favor of the patron.
