TAMI J. LUFT
WINN DIXIE MONTGOMERY, LLC D/B/A WINN DIXIE, WINN DIXIE STORES, INC., ABC INSURANCE COMPANY, XYZ, INC., AND DEF INSURANCE COMPANY
APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH
OF JEFFERSON, STATE OF LOUISIANA NO. 748-843, DIVISION
"A" HONORABLE RAYMOND S. STEIB, JR., JUDGE
COUNSEL FOR PLAINTIFF/APPELLANT, TAMI J. LUFT Leo J. Palazzo
Jason J. Markey
COUNSEL FOR DEFENDANT/APPELLEE, WINN DIXIE MONTGOMERY, LLC
AND WINN DIXIE STORES, INC. Stephen N. Elliott Caroline D.
composed of Susan M. Chehardy, Marc E. Johnson, and Robert A.
M. CHEHARDY CHIEF JUDGE
Tami Luft, appeals the 24th Judicial District Court's
April 11, 2016 judgment granting summary judgment in favor of
defendant, Winn-Dixie Montgomery, LLC
("Winn-Dixie"), and dismissing with prejudice Ms.
Luft's slip-and-fall claim against Winn-Dixie. For the
reasons that follow, we affirm this judgment of the district
AND PROCEDURAL HISTORY
April 20, 2015, Ms. Luft filed suit against Winn-Dixie for
damages arising out of a May 21, 2014 slip-and-fall incident
at the Winn-Dixie store in Gretna, Louisiana. Ms. Luft
alleged that she sustained injuries when she tripped and fell
on a clear piece of plastic from shelving in the store.
preliminary discovery, on February 16, 2016, Winn-Dixie filed
a motion for summary judgment, claiming that Ms. Luft could
not satisfy her burden of proof under La. R.S. 9:2800.6.
Winn-Dixie argued that Ms. Luft could not prove that
Winn-Dixie either created or had actual or constructive
notice of the condition that allegedly caused her to trip and
fall. In support of its motion for summary judgment,
Winn-Dixie attached the deposition of Ms. Luft and an
affidavit of Jason Lollis, the manager on duty at the time of
Luft's deposition, she explained that after getting off
work at 6:00 a.m. on May 21, 2014, she slept until 3:00 p.m.,
watched television, and then around 5:00 p.m., went to the
Winn-Dixie store at the corner of Belle Chasse Highway and
Wall Boulevard in Gretna for snacks and bread. She picked up
a bag of pretzels on the chip aisle and continued toward the
back of the store to pick up bread when she hit something
with her left foot, twisted her right knee, and fell to the
ground, catching herself with her hands. On the ground she
found a clear piece of plastic that was 4 inches tall, 18-20
inches long, and appeared to have been dislodged from the
bottom shelf near the site of her fall. There were other
similar pieces of plastic on the bottom shelf, keeping the
products in place. These plastic barriers were not ...