Roberts vs.

Louisiana
AUTHOR: DAYOS
TOPIC:
NOTES:
PONENTE:
FACTS:
Around 12:45 p.m. Mr. Burson, a blindman, left his concession stand to go to the restroom within the U.S. Post
Office-Louisiana.
Take note, he did not carry his cane.
While walking down the hall he bumped into the plaintiff, a 75 year-old man, 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 plaintiff claims as corroborated by Bursons testimony that Burson was not using his cane
to get to the restroom, but relied on his facial senses.
Plaintiff sued the state in negligence under respondeat superior.
Trial court: dismissed the case
Appellate court: Affirmed the dismissal

ISSUE(S): Whether Mr. Burson acted as a reasonable prudent blind person would have acted?
HELD: Mr. Burson was not negligent and therefore the trial courts ruling is upheld.
RATIO:
A person, although blind, must take precautions, be they more or less, which the ordinary reasonable man would
take if he were blind.
It is not uncommon for blind people to rely on other techniques when moving around in a familiar setting.
Since the blind operator, Burson, had worked at the vending stand for several years, he fairly knows every corner
of the building.
In addition, he testified that he does not use a cane for short trips within familiar buildings.
Moreover, the court looked into the testimony of the director of the Division of Blind Services who said that nine
out of ten blind persons do not use their canes when moving about familiar surroundings.
Lastly, the court took into consideration the fact that Burson had specialized training in moving around without the
need for a cane.
Hence, Burson was not acting negligently when he bumped into the Plaintiff.
No evidence was presented indicating that Burson walked fast or not paying proper attention.
CASE LAW/ DOCTRINE:
DISSENTING/CONCURRING OPINION(S):