Galloway Johnson Tompkins Burr & Smith premises liability attorneys secured a decisive outcome for a national entertainment operator in a live music venue case after obtaining summary judgment, defeating a post-trial bid for a new trial, and having the original verdict upheld on appeal. New Orleans attorneys Richard Duplantier and Christopher Walker led the Firm’s representation in this matter. The favorable result highlights Galloway’s strategic approach to complex litigation and our determination in protecting clients in the entertainment industry.
Case Background
The case arose from a September 2019 incident in which the Plaintiff alleged a portable partition separating VIP and general admission “gave way” and caused her to slip and twist. The incident was reported to Galloway’s client sixteen days later without contemporaneous reports, witness statements, photos, or video.
In August 2020, the Plaintiff filed suit against our client, a national operator of live music venues. Galloway executed an assertive and aggressive discovery strategy by filing multiple motions to compel and a contempt motion to ensure compliance. Our client moved for summary judgment in December 2024, and at an April 2025 hearing, the trial court excluded Plaintiff’s unnotarized affidavit and certain emails as not competent summary‑judgment evidence under La. C.C.P. arts. 966 and 967, in addition to finding that the Plaintiff had an adequate opportunity for discovery under Article 966(A)(3). With those materials excluded, the Plaintiff failed to identify evidence to create a genuine issue on breach/unreasonable risk, and summary judgment was granted in favor of Galloway’s client.
Following the ruling, the Plaintiff filed a motion for a new trial, which was denied. The “clerical error” argument for a new trial failed because, even considering a corrected affidavit, the outcome would not change.
On appeal, the Louisiana Fourth Circuit Cort of Appeals undertook a thorough review of the record and issued a detailed opinion. The record lacked competent evidence describing the partition’s construction, base/anchoring, placement, intended resistance to patron contact, prior instability or complaints, inspection history, or its condition at the time—leaving only speculation. The court further found no error in excluding the unnotarized affidavit and emails and no abuse of discretion in denying a new trial since the corrected materials would not change the result. Notably, while the parties litigated under the merchant‑liability statute, the court assumed a duty and scope of duty without deciding the statute’s precise applicability to a concert venue because Plaintiff’s failure of proof on unreasonable risk was independently dispositive.
The upheld verdict reflects the strength of Galloway’s aggressive advocacy from discovery through dispositive motion practice.
Premises Liability Defense in Louisiana
Galloway’s decades of experience in premises liability defense and appellate briefing equip us to handle complex, multi-year matters for venue operators and live entertainment companies facing similar claims. No matter the property type, property owners and operators face significant exposure to claims. Whether the claim is a slip and fall or defective condition, Galloway attorneys proactively approach each matter with key strategies oriented towards resolution, from early case assessment and investigation to alternative dispute resolution or trial.
Richad Duplantier views cases from various angles to thoroughly understand his clients’ business and corporate priorities. He represents clients in the entertainment industry in litigation, contracts, and other general entertainment law practice concerns. He has successfully handled and resolved matters for promoters, record labels, production companies, individual performers, and their representatives in both the U.S. and Europe.
Christopher Walker focuses on protecting his clients’ businesses and keeping their needs at the forefront of his legal services. He approaches issues with efficiency, skill, and dedication to each case.
With a record of securing summary judgment in premises liability cases and defending those results against post-trial and appellate challenges, Galloway continues to deliver efficient, business-focused litigation defense for clients across the live entertainment sector.
