United States District Court, W.D. Louisiana, Lafayette Division
WHITEHURST MAGISTRATE JUDGE.
REBECCA F. DOHERTY UNITED STATES DISTRICT JUDGE.
before this Court is the Motion for Summary Judgment [Doc.
14] filed by defendant Wal-Mart Louisiana LLC. The motion is
opposed by the plaintiff, Heather Semar [Doc. 16], For the
following reasons, the Motion for Summary Judgment is DENIED.
Factual and Procedural Background
plaintiff filed this lawsuit after she was struck by a line
of shopping carts in her right hip at the Crowley, Louisiana
Wal-Mart store on May 3, 2014. The following facts appear to
• The plaintiff was struck in her right hip by
a line of carts at the Crowley, Louisiana Wal-Mart store on
May 3, 2014.
• At her deposition, the plaintiff testified she seeks
damages for a labral tear in her left
• The plaintiff testified at her deposition that she had
experienced pain in her left hip prior to the Wal-Mart
• The plaintiff also testified that in September 2014,
after the Wal-Mart accident and before she sought treatment
for the pain in her left hip, she was walking on the beach
when she began having snapping and popping in the left groin
• The plaintiff was treated by two orthopedists - Dr.
Michael Holland and Dr. Judson Penton - beginning in November
2015, When she presented to Dr. Holland on November 5, 2014,
the plaintiff stated she "had been in pain for the last
3 years." The location of her pain was described as the
"lateral aspect of the left hip."
• Dr. Brett Cascio performed a left hip arthroscopy on
the plaintiff on July 27, 2015, over one year after the
• The plaintiff testified she was unsure whether she
injured her left hip in the Wal-Mart accident, instead
deferring to her doctors.
• Dr. Cascio testified that, based upon the plaintiff s
November 11, 2014 MRI Report, he could not say whether or not
"all of the findings on the MRI" (i.e., labral
tears - in the plaintiffs left hip) were more likely
degenerative-type (chronic) findings as opposed to traumatic
• Dr. Cascio further testified that the type of findings
found on the plaintiffs MRI can occur in the absence of
• Finally, Dr. Cascio testified he could not give an
opinion on whether or not the accident at Wal-Mart - which
impacted plaintiffs right hip - caused the
plaintiffs labral tear in her left hip.
• The plaintiff filed suit in the Fifteenth Judicial
District Court for the Parish of Acadia on April 21, 2015. In
her petition, the plaintiff alleged a negligence claim
against Wal-Mart, as well as a negligence claim against
Wal-Mart employee John Doe for failure to warn of the danger
and failure to supervise and instruct other employees.
• Wal-Mart removed the matter to this Court on the basis
of diversity jurisdiction on July 29, 2015.
filed the instant motion for summary judgment, arguing the
plaintiff cannot prove medical causation and is, therefore,
entitled to summary dismissal of all of the plaintiffs
claims, The plaintiff opposes the motion, which is now ripe
Summary Judgment Standard
party against whom a claim, counterclaim, or cross-claim is
asserted or declaratory judgment is sought may, at any time,
move with or without supporting affidavits for summary
judgment in the parties favor as to all or any part
thereof." Fed. R. Civ, Pro, 56(b). Summary judgement is
appropriate if "the pleadings, depositions, answers to
interrogatories, and admissions on file, together with the
affidavits, if any, show there is no genuine issue as to any