Throw Me Something, Mister

Following a head injury that allegedly occurred as a result of a bag of beads being thrown during the 2012 Endymion Extravaganza, plaintiff filed suit against the Gentilly Carnival Club, Inc., d/b/a/ Krewe of Endymion (“Krewe”). After conducting discovery, the Krewe filed for summary judgment asserting, among other things, immunity under the Mardi Gras immunity statute, which creates broad immunity for krewes that sponsor parades. The trial court granted the Krewe’s motion and dismissed the suit, plaintiff appealed the case to the Louisiana Fourth Circuit Court of Appeal.

On appeal, plaintiff argued that the Krewe should be vicariously liable for that member’s conduct (i.e. throwing the bag of beads that allegedly struck plaintiff). Plaintiff further argued that the Krewe was grossly negligent for allowing members to throw bags of beads weighing approximately two pounds, which it should have known was dangerous. The Court of Appeal was unpersuaded by plaintiff’s arguments, finding that neither the weight nor any other measurement of the bag of beads that allegedly struck plaintiff had been established by competent evidence. Moreover, “it is common knowledge that there are hundreds of beads and bags of beads thrown towards the tables where the parade viewers watch the parade in the Superdome for the Extravaganza.” As such, the conduct at issue did not constitute unusual circumstances. The judgment of the trial court dismissing plaintiff’s suit was affirmed.

Citron v. Gentilly Carnival Club, Inc.