SUPREME COURT NARROWS IMPACT OF BROUSSARD

In Bufkin v. Felipe’s Louisiana, LLC, 2014-0288 (La. 10/15/14), the Supreme Court of Louisiana considered whether summary judgment was appropriate when a pedestrian was struck by a bicycle while walking around a dumpster in a parking area. The plaintiff alleged that the dumpster created an unreasonable risk of harm, creating a “blind spot” which prevented pedestrians from seeing oncoming traffic. Finding that any obstruction caused by the dumpster was obvious and apparent, and therefore reasonably safe, the Court granted the defendant’s Motion for Summary Judgment. This case appears to soften the impact of Broussard v. State ex rel. Office of State Bldgs., 2012-1238 (La. 4/5/13), 113 So. 3d 175, 179, which had been interpreted as creating a near-ban on a motion for summary judgment based on “open and obvious” facts.