Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Riley v. Wal-Mart Louisiana, L.L.C.

United States District Court, W.D. Louisiana, Alexandria Division

May 17, 2018

REBECCA RILEY
v.
WAL-MART LOUISIANA, L.L.C.

          PEREZ-MONTES MAG. JUDGE.

          MEMORANDUM RULING

          DEE D. DRELL JUDGE.

         Before the court is a motion for summary judgment (Doc. 45) filed by Wal-Mart Louisiana, L.L.C. ("Wal-Mart") in which it seeks dismissal of all claims asserted against it by the plaintiff, Rebecca Riley.

         A court "shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Fed.R.Civ.P. 56(a). A dispute of material fact is genuine if the evidence is such that a reasonable jury could return a verdict for the nonmoving party. See Anders on v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986). We consider "all evidence in the light most favorable to the party resisting the motion." Seacor Holdings, Inc. v. Commonwealth Ins. Co., 635 F.3d 680 (5thCir.2Oll)(internal citations omitted). It is important to note that the standard for summary judgment is two-fold: (1) there is no genuine dispute as to any material fact, and (2) the movant is entitled to judgment as a matter of law.

         The facts of the case are that on July 13, 2014, Ms. Riley, her daughter, and her granddaughter made plans generally to visit the Wal-Mart store located on Highway 425 in Vidalia, Louisiana, but they decided to delay the visit because of rainy weather. Once the rain turned to a sprinkle, the three made their way to Wal-Mart.

         Ms. Riley entered the Wal-Mart vestibule through the first set of double doors, stepped in water, slipped, and fell. Ms. Riley was talking to her daughter as she entered the store and did not see the water. Neither mats nor caution cones were located in the area to alert customers of the presence of water.

         Ms. Riley immediately notified Wal-Mart employee Pamela Johnson that she fell. She further advised that she believed she was fine except for pain in her knee. Ms. Riley went about her shopping and Ms. Johnson asked a fellow employee to put mats down for safety. Ms. Riley returned to the customer service desk and notified Ms. Johnson that: her knee was substantially worse and she planned to go to the emergency room.

         Ms. Riley's claims are brought pursuant to the Louisiana Merchant Liability Act, Louisiana Revised Statute §9:2800.6. The relevant portion of the statute provides:

B. In a negligence claim brought against a merchant by a person lawfully on the merchant's premises for damages as a result of an injury, death, or loss sustained because of a fall due to a condition existing in or on a merchant's premises, the claimant shall have the burden of proving, in addition to all other elements of his cause of action, all of the following:
(1) The condition presented an unreasonable risk of harm to the claimant and that risk of harm was reasonably foreseeable.
(2) The merchant either created or had actual or constructive notice of the condition which caused the damage, prior to the occurrence.
(3) The merchant failed to exercise reasonable care. In determining reasonable care, the absence of a written or verbal uniform cleanup or safety procedure is insufficient alone, to prove failure to exercise reasonable care.
C. Definitions:
(1) "Constructive notice" means the claimant has proven that the condition existed for such a period of time that it would have been discovered if the merchant had exercised reasonable care. The presence of an employee of the merchant in the vicinity in which the condition exists does not, alone, constitute constructive notice unless it is shown that the ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.