WRIT FROM THE TWELFTH JUDICIAL DISTRICT COURT PARISH OF
AVOYELLES, NO. 15-2013 HONORABLE KERRY L. SPRUILL, DISTRICT
P. Roy, Brandon J. Scott, Renee Y. Roy, Roy & Scott,
Attorneys at Law COUNSEL FOR PLAINTIFF: Diana Dupuy.
J. Wanek Trevor C. Davies Lynda A. Tafaro, McCranie,
Sistrunk, Anzelmo, Hardy, McDaniel & Welch, COUNSEL FOR
DEFENDANT/RELATOR: DG Louisiana, LLC.
composed of John D. Saunders, Shannon, J. Gremillion, and
John E. Conery, Judges.
SHANNON J. GREMILLION JUDGE.
DG Louisiana, LLC, seeks supervisory writs from the trial
court's judgment denying Relator's motion for summary
judgment. For the following reasons, the writ is denied.
OF THE CASE
case involves an accident that occurred while Plaintiff,
Diana Dupuy, was shopping at Relator's Dollar General
Store in Marksville, Louisiana. Plaintiff went to the store
on July 21, 2014, but was unable to find a shopping cart. She
asked Rose Maricle, who was employed by Relator at the time,
about getting a shopping cart to use. Maricle, who was on a
smoke break, allegedly informed Plaintiff that she could use
a shopping cart that was filled with cardboard boxes and
located in one of the aisles of the store. Plaintiff began to
unload the boxes from the cart so that she could use it.
Allegedly, when Plaintiff lifted a box containing canned
goods from the shopping cart, the cart fell onto her chest
and legs, causing her to fall backwards into the store's
shelving. As a result of the accident, Plaintiff filed a
personal injury lawsuit against Relator. Relator filed a
motion for summary judgment seeking dismissal of
Plaintiff's lawsuit. Following a hearing, the trial court
denied Relator's motion for summary judgment. Relator now
seeks review of the trial court's ruling.
the denial of a motion for summary judgment is an
interlocutory ruling from which no appeal may be taken, the
only practical remedy available to avoid a possible useless
trial on the merits is to request that the appellate court
exercise its supervisory jurisdiction to review the propriety
of this ruling. Louviere v. Byers, 526 So.2d 1253
(La.App. 3 Cir.), writ denied, 528 So.2d 153
argues that the trial court erred when it denied
Relator's motion for summary judgment. Relator notes that
with regard to the liability of the custodian for a defective
thing, La.Civ.Code art. 2317.1 provides as follows:
The owner or custodian of a thing is answerable for damage
occasioned by its ruin, vice, or defect, only upon a showing
that he knew or, in the exercise of reasonable care, should
have known of the ruin, vice, or defect which caused the
damage, that the damage could have been prevented by the
exercise of reasonable care, and that he failed to exercise
such reasonable care. Nothing in this Article shall preclude
the court from the application of the doctrine of res ipsa
loquitur in an appropriate case.
Relator notes that in order to prevail in a claim against a
merchant for a fall on the merchant's premises, a
plaintiff is required to prove the elements of a general tort
claim as well ...