Friday, October 10, 2014

Roberts v. State of Louisiana case brief summary


Roberts v. State of Louisiana case brief summary

F: TC dismissed P suit.
Mr. Burson left his concession stand to go to the restroom within the U.S. Post Office-Louisiana.
While walking down the hall he bumped into the P who fell to the floor and injured his hip.
Mr. Burson was totally blind and had operated the stand for three years.
On the day of the injury, P claims and Burson testified that Burson was not using his cane to get to the restroom, but relied on
his facial senses.
I: Whether Burson was acting as a reasonable prudent blind person would have acted?
R: Burson was acting as a reasonable prudent blind person would have acted
A person, although blind, must take precautions, be they more or less, which the ordinary reasonable man would take if he were blind.
A: It is not uncommon for blind people to rely on other techniques when moving around in a familiar setting. Burson testified that
he was familiar with his surroundings.
He had specialized training for mobility, his use of facial sense to navigate is utilized by 9 out of 10 blind people in familiar
settings, and testimony to the fact it was not unreasonable for him to do so.
There was no evidence that Burson was walking too fast, not paying attention.
C: affirmed
Co: disability exception to the reasonable standard.

No comments:

Post a Comment

Search Thousands of Case Briefs and Articles.