STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT VERONICA CRONEY AND FRANK NO. 2025 CW 0229 CRONEY VERSUS CITY PARISH OF EAST BATON ROUGE, BREC FOUNDATION, THE RECREATION AND PARK COMMISSION FOR THE PARISH OF EAST BATON ROUGE JUNE 18, 2025 In Re: The Recreation and Park Commission for the Parish of East Baton Rouge ("BREC"), applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 669609.

BEFORE : THERIOT, HESTER, AND EDWARDS, JJ.

WRIT GRANTED. The district court's January 30, 2025 judgment denying the motion for summary judgment filed by defendant, The Recreation and Park Commission for the Parish of East Baton Rouge, is reversed. A motion for summary judgment shall be granted where the evidence demonstrates that there is no genuine issue of material fact, and the mover is entitled to judgment as a matter of law. La. Code Civ. P. art. 966(A) (3). As the party moving for summary judgment, defendant sustained its initial burden of proof and established a prima facie case that it was entitled to immunity pursuant to La. R.S. 9:2795. The burden then shifted to plaintiffs to produce factual support sufficient to establish the existence of a genuine issue of material fact with regard to whether the defendant willfully or maliciously failed to warn against a dangerous condition. See La. R.S. 9:2795(B). Souza v. St. Tammany Par., 2011-2198 (La. App. Ist Cir. 6/8/12), 93 So. 3d 745, 749. A failure to warn of a dangerous condition connotes a conscious course of action, and is deemed willful or malicious when action is knowingly taken or not taken, which would likely cause injury, with conscious indifference to the consequences thereof. Id. at 730. Plaintiffs failed to meet their burden. Accordingly, defendant's motion for summary judgment is granted and the claims asserted by plaintiffs, Veronica Croney and Frank Croney, against defendant, The Recreation and Park Commission for the Parish of Bast Baton Rouge, are dismissed.

MRT CHH BDE COURT OF APPEAL, FIRST CIRCUIT A ce 4 » cme PUTY CLERK OF COURT FOR THE COURT