United States District Court, W.D. Louisiana, Lafayette Division
STACY DESHOTEL, ET AL.
UNIFIRST CORPORATION, ET AL.
PATRICK J. HANNA, MAG. JUDGE
A. DOUGHTY, UNITED STATES DISTRICT JUDGE
before the Court is Defendant Unifirst Corporation's
(“Unifirst”) Motion for Partial Summary Judgment
[Doc. No. 26]. Unifirst moves the Court for summary judgment
on causation with regard to Plaintiff Stacey Deshotel's
injury to his left wrist. Plaintiffs did not file a
memorandum in opposition to the motion.
following reasons, Unifirst's motion is DENIED.
FACTS AND PROCEDURAL BACKGROUND
case arises out of a slip and fall incident. On or about
September 19, 2016, Defendant Unifirst delivered a mat to
Cajun Express Service Center (“Cajun”), a
business co-owned by Plaintiff Stacey Deshotel. Mr. Deshotel
alleges that on or about September 20, 2016, he was working
on the front sales floor at Cajun and needed to go out the
front entrance. On his way out, his foot caught in the mat,
and he fell. Mr. Deshotel hit his head on the door, breaking
the glass. He also contends and testified in his deposition
that he injured his left wrist, although he does not recall
whether he hit it on the door or on the floor, perhaps trying
to break his fall.
month prior to his injury, Mr. Deshotel was seen by his
family doctor, Dr. Jake LaFleur and diagnosed with a sprain
of that wrist.
days after his fall, on September 22, 2018, Mr. Deshotel was
seen by Dr. John Tassin, another local doctor. Although Dr.
Tassin's deposition (if taken) was not attached to
Unifirst's Motion for Partial Summary Judgment, his
medical records indicate that Mr. Deshotel reported the fall
at work, and he sought treatment, among other problems, for
pain in his left wrist. Dr. Tassin noted swelling in that
wrist and tenderness with decreased range of motion.
Deshotel ultimately had surgery on his left wrist on January
24, 2017. Dr. Mark Dodson, the surgeon, performed a left
extensor carpilunaris tendon release. Dr. Dodson testified
that the injury to the wrist could have occurred prior to the
fall given his history of a sprain in that wrist. However, he
also testified that he could not say that the fall caused or
at least contributed to the condition of Mr. Deshotel's
wrist. [Doc. No. 26-12, Deposition of Dr. Mark Dodson, p.
September 19, 2017, the Deshotels filed suit against Unifirst
and ESIS, Inc. (“ESIS”)
October 19, 2018, ESIS filed a Motion for Summary Judgment.
same day, Unifirst and ESIS filed the instant Motion for
Partial Summary Judgment.
November 16, 2018, the Court issued a Ruling [Doc. No. 34]
and Judgment [Doc. No. 35] dismissing all claims against
ESIS. The ...