United States District Court, W.D. Louisiana, Lake Charles Division
JAMES T. TRIMBLE, Jr., District Judge.
Before the court is a "Motion to Dismiss" (R. #5) wherein defendant, Jason Nelson moves the court to be dismissed from the instant lawsuit pursuant to Article 12(b)(6) of the Federal Rules of Civil Procedure.
In their complaint, plaintiffs allege that on or about August 17, 2013, Jimmie Burgess was shopping at the Brookshire Brothers store located in DeQuincy, Louisiana when suddenly and without warning, she slipped in a liquid substance believed to be poultry blood and water causing her to fall resulting in injuries. Plaintiff further alleges that her slip and fall was attributable to Brookshire Brothers, its agents, servants and employees, including the store manager, defendant, Jason Nelson.
Plaintiffs complain that defendants:
a. failed to provide a safe environment in the store;
b. allowed a liquid substance on the floor causing a slipping hazard;
c. failed to maintain the floors in a safe condition;
d. failed to inspect the premises;
e. failed to warn plaintiff of the unsafe condition, when defendants knew or should have known of the unsafe condition of the floors;
f. improperly handled poultry packages and/or placement of the poultry into the display case;
g. failed to take adequate measures regarding products defendants knew or should have known had the tendency to leak and create a hazardous condition;
h. instructed, trained and/or allowed employees to take inadequate measures regarding a product that defendants knew or should have known had the tendency to leak ...