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.

Deshotel v. Unifirst Corp.

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

November 19, 2018

STACY DESHOTEL, ET AL.
v.
UNIFIRST CORPORATION, ET AL.

          PATRICK J. HANNA, MAG. JUDGE

          RULING

          TERRY A. DOUGHTY, UNITED STATES DISTRICT JUDGE

         Pending 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.

         For the following reasons, Unifirst's motion is DENIED.

         I. FACTS AND PROCEDURAL BACKGROUND

         This 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.

         In the month prior to his injury, Mr. Deshotel was seen by his family doctor, Dr. Jake LaFleur and diagnosed with a sprain of that wrist.

         Two 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.

         Mr. 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. 20].

         On September 19, 2017, the Deshotels filed suit against Unifirst and ESIS, Inc. (“ESIS”)

         On October 19, 2018, ESIS filed a Motion for Summary Judgment.

         On the same day, Unifirst and ESIS filed the instant Motion for Partial Summary Judgment.

         On November 16, 2018, the Court issued a Ruling [Doc. No. 34] and Judgment [Doc. No. 35] dismissing all claims against ESIS. 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.