McCLENDON, J.
In this appeal, the plaintiff, Dorothy Willis, who was injured in a fall on an airline jet-way, challenges a summary judgment that dismissed her suit for damages against the defendant, G.A.T. — Airline Ground Support, Inc. (GAT). For the reasons that follow, we affirm.
On May 23, 2010, Ms. Willis was scheduled to depart from the Baton Rouge airport on American Eagle Airlines, Inc. (American Eagle) to return to Dallas after visiting with her children and grandchildren in Baton Rouge. Ms. Willis, who was 73-years-old at the time, requested wheelchair assistance upon her arrival outside the terminal building and again at the American Eagle ticket counter. Ms. Willis was transported by wheelchair to the seating area near her departure gate by an unidentified skycap, where she learned that her flight would be delayed for approximately one hour.
On July 23, 2010, Ms. Willis filed a petition for damages against American Eagle.
A motion for summary judgment is a procedural device used to avoid a full-scale trial when there is no genuine issue of material fact.
The burden of proof on a motion for summary judgment remains with the movant. LSA-C.C.P. art. 966C(2). However, if the movant will not bear the burden of proof at trial on the matter that is before the court on the motion for summary judgment, the movant's burden on the motion does not require him to negate all essential elements of the adverse party's claim, action, or defense, but rather to point out to the court that there is an absence of factual support for one or more elements determining whether summary judgment is appropriate: whether there is any genuine issue of material fact and whether the mover is entitled to judgment as a matter of law. LSA-C.C.P. art. 966C(2);
A "genuine issue" is a "triable issue," that is, an issue on which reasonable persons could disagree. If, on the state of the evidence, reasonable persons could reach only one conclusion, there is no need for a trial on that issue.
In determining whether summary judgment is appropriate, appellate courts review evidence de novo under the same criteria that govern the trial court's determination of whether summary judgment is appropriate.
Generally, most negligence cases are resolved by employing a duty/risk analysis, which entails five separate elements: (1) whether the defendant had a duty to conform his conduct to a specific standard (the duty element); (2) whether the defendant's conduct failed to conform to the appropriate standard (the breach element); (3) whether the defendant's substandard conduct was a cause-in-fact of the plaintiff's injuries (the cause-in-fact element); (4) whether the defendant's substandard conuct was a legal cause of the plaintiff's injuries (the scope of liability or scope of protection element); and (5) whether the plaintiff was damaged (the damages element). A negative answer to any of the inquiries of the duty/risk analysis results in a determination of no liability.
Further, a tortfeasor is only liable for damages caused by his negligent act; he is not liable for damages caused by separate, independent, or intervening causes.
In the case sub judice, Ms. Willis alleges that GAT is liable to her for the injuries she sustained based on the failure of GAT to get her to the American Eagle departure gate. She argues that GAT's failure to transport her to her actual departure gate or to an American Eagle agent resulted in a breach of GAT's duty of transport. GAT contends, however, that any duty it had was fulfilled by transporting Ms. Willis to the general gate area, after which Ms. Willis informed the sky cap that he could leave.
In support of its motion for summary judgment, GAT submitted excerpts from the deposition of Ms. Willis; excerpts from the deposition of Ray Tolbert, a GAT skycap; the affidavit of Nathaniel Bradley, a GAT employee; and the deposition of Mike McKenzie, an American Eagle employee. In opposition to the motion, Ms. Willis offered the depositions of Ms. Willis, Mr. Tolbert, and Mike McKenzie.
The record shows that Ms. Willis asked for and received assistance in obtaining wheelchair transportation to the area of the departure gate for her flight to Dallas. Ms. Willis stated that soon after she got to the gate area, it was announced that the flight was delayed. Ms. Willis got out of the wheelchair and sat in an airport seat to wait for her flight. She informed the individual who transported her, who never was identified, that he did not have to wait for her as he could help someone else, but she did ask him to return in an hour with the wheelchair to help her. Thereafter, the individual left with the wheelchair.
Ms. Willis testified that after about forty-five to fifty minutes, her flight was called. She stated that passengers were talking about missing their connecting flights and once boarding was called, the other passengers hurried to get on the airplane. Ms. Willis stated that she kept looking for the individual who helped her earlier, but he had not yet returned. The following discussion then took place:
Ms. Willis then stated that she began walking down the jet-way. She stated she was trying to be careful "but trying to rush at the same time" because she had been the last passenger to board. She remembered getting fairly close to the door of the airplane, but then she fell and lost consciousness.
Ray Tolbert testified in his deposition that for the past seven years he had been employed by GAT as a skycap, which included providing wheelchair services. He stated that skycap service is provided from the ticket counter to the gate, but not down the jet-way; at that point, the gate agent for the airline would take over.
This testimony was confirmed by Nathaniel Bradley, manager of GAT at the Baton Rouge airport. Mr. Bradley provided an affidavit in which he attested that GAT employees are prohibited from transporting wheelchair passengers down the jet-ways at the Baton Rouge airport and that GAT employees are only allowed to transport wheelchair passengers as far as the airline's gate agent handling the particular flight and not beyond that point. Mr. Bradley also attested that wheelchair passengers seeking assistance beyond the top of the jet-way must be escorted down the jet-way by airline personnel and not by GAT employees.
Michael McKenzie, in a telephone deposition, testified that the ultimate responsibility of taking care of passengers with disabilities who need assistance is upon the agents of American Airlines.
In granting the motion for summary judgment, the trial court stated:
Upon our own thorough review of the record, we agree with the trial court. Even if the unidentified person who transported Ms. Willis was a GAT employee who owed a duty to her, the evidence established that GAT's duty ended when she was delivered to the gate area. Ms. Willis indicated that she was close to her departure gate, and when the flight was delayed, she informed the skycap that he could go, but did ask him to return later with the wheelchair. Also, the GAT employee could not transfer Ms. Willis down the jet-way, and only American Eagle employees were permitted to assist Ms. Willis where the fall occurred. The evidence failed to establish that any GAT employee was present on the jet-way when Ms. Willis fell. Furthermore and significantly, Ms. Willis made the decision to walk down the jet-way on her own without assistance. By her own admission, she did not ask any American Eagle employee for assistance in getting to the airplane, although she was sitting near an American Eagle employee while waiting. Nor did Ms. Willis ask for assistance when she handed the American Eagle agent her boarding pass. Thus, even if GAT had some duty to return to the gate and transfer Ms. Willis to an American Eagle agent, that duty ended when Ms. Willis chose to proceed down the jet-way on her own.
Accordingly, once GAT pointed out the absence of factual support for an essential element of Ms. Willis's claim, the burden shifted to her to present evidence demonstrating that a material issue of fact remained. Ms. Willis failed to do so, and GAT's motion for summary judgment was properly granted.
For the foregoing reasons, the June 3, 2013 judgment of the trial court granting GAT's motion for summary judgment is affirmed. Costs of this appeal are assessed to Dorothy Willis.
PETTIGREW, J., DISSENTS, AND ASSIGNS REASONS.
I am of the opinion that the facts of this case were not appropriate for summary judgment. In Louisiana, we have comparative fault, as set forth in La. Civ. Code art. 2323. In my humble opinion, the majority and the trial court improperly weighed evidence and made credibility decisions that are not appropriate for summary judgment.