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Price v. Wal-Mart Louisiana, LLC

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

July 31, 2018

LLOYD PRICE
v.
WAL-MART LOUISIANA, LLC, ET AL.

          MAG. JUDGE J.H.L. PEREZ-MONTES

          RULING

          TERRY A. DOUGHTY UNITED STATES DISTRICT JUDGE

         Plaintiff Lloyd Price (“Price”) brought this lawsuit against Wal-Mart Louisiana, LLC; Wal-Mart Stores, Inc.; Stacy Martin; The Coca-Cola Company (“Coca-Cola”); and Coca-Cola Bottling Company United, Inc. (“Coca-Cola Bottling Company”), seeking damages for an alleged slip and fall accident at the Wal-Mart store in Monroe, Louisiana. Pending before the Court is a Motion for Summary Judgment filed by Defendant Coca-Cola [Doc. No. 44] on the issue of liability. The motion is unopposed. For the following reasons, the Motion for Summary Judgment is GRANTED.

         I. FACTS:

         Price originally filed his petition for damages in the Fourth Judicial District Court for Ouachita Parish, Louisiana, and it was subsequently removed to this Court. In his petition, Price alleges that on or about March 27, 2016, he was a guest customer at the Wal-Mart store operated and owned by Defendants Wal-Mart Louisiana, LLC, and Wal-Mart Stores, Inc., in Monroe, Louisiana, when, suddenly and without warning, he slipped on water leaking from the Coca-Cola drink machines, causing his feet to slip out from underneath him, landing flat on his back, and striking the concrete floor with his back. Price further alleges that, as a result of the fall, he sustained extensive injuries to various parts of his body, including his left arm, neck, back, and fingers. Price states that the subject wet floor posed and presented an unreasonably dangerous and hazardous condition to patrons of the Wal-Mart store.

         Price's petition further alleges that the accident occurred as a result of the fault, negligence, carelessness and gross negligence of the various defendants. With regard to Defendants Coca-Cola and Coca-Cola Bottling Company, Price alleges they were at fault, negligent and careless in the following particulars:

a. Failing to properly inspect the subject drink machine on a routine and periodic basis to make sure that the subject drink machine was properly working;
b. Failing to repair the subject drink machine well prior to the subject accident;
c. Failing to properly maintain the drink machine;
d. Failing to engage in preventative maintenance of the subject drink machine;
e. Failing to act as a reasonable person under then prevailing circumstances;
f. Allowing an unreasonably dangerous condition to exist on the said premises, the defective drink machine which was leaking;
g. Reckless disregard for the safety of others;
h. Having actual or constructive notice that the subject drink machine was unsafe, improperly maintained, and leaking and failing to fix, or remove the drink machine for at ...

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