Roberts v. State Of Louisiana, Ct. Of App. La.,

396 So.2d 566 (1981)

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Nature of the Case

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Facts

While passing through a U.S. Post Office building, Roberts (P) fell and injured his hip after he bumped into Burson, a blind concession stand operator located in that lobby. Burson had left his stand to go to the mens room. P contends that Burson was negligent because he was not using his cane. P sued the State of Louisiana (D1) through the Louisiana Health and Human Resources Administration (D2), under respondeat superior and for a negligent failure to supervise and oversee the safe operation of the concession stand. Burson was not named in the suit. An expert for P argued that Burson was negligent in traversing the concession area without the use of his cane. However, that expert admitted he had conducted no study or examination of Burson's skills. The trial court ordered the suit dismissed and P appealed that decision.