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.

Perez v. Winn-Dixie Montgomery, LLC

United States District Court, E.D. Louisiana

March 26, 2019

CHRISTIAM PEREZ
v.
WINN-DIXIE MONTGOMERY, LLC, ET AL.

         SECTION: “H”

          ORDER AND REASONS

          JANE TRICHE MILAZZO, UNITED STATES DISTRICT JUDGE

         Before the Court is Defendants' Motion for Summary Judgment (Doc. 14). For the following reasons, the Motion is GRANTED.

         BACKGROUND

         Plaintiff Christiam Perez claims that she injured herself in a slip-and-fall inside a bathroom owned by Defendant Winn-Dixie Montgomery, LLC (“Winn-Dixie”). Plaintiff allegedly slipped because the bathroom's floor was wet and the stall in which Plaintiff fell lacked hand rails that may have allowed her to catch herself. Plaintiff initially sued Winn-Dixie and its insurer, National Union Fire Insurance Company of Pittsburg, PA, on February 17, 2018 in Orleans Parish's Civil District Court. Defendants removed the suit to this Court on March 13, 2018. Defendants moved for summary judgment on October 9, 2018. Plaintiff opposes.

         LEGAL STANDARD

         “The 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.”[1] “As to materiality . . . [o]nly disputes over facts that might affect the outcome of the suit under the governing law will properly preclude the entry of summary judgment.”[2] Nevertheless, a dispute about a material fact is “genuine” such that summary judgment is inappropriate “if the evidence is such that a reasonable jury could return a verdict for the nonmoving party.”[3]

         In determining whether the movant is entitled to summary judgment, the Court views facts in the light most favorable to the non-movant and draws all reasonable inferences in his favor.[4] “If the moving party meets the initial burden of showing that there is no genuine issue of material fact, the burden shifts to the non-moving party to produce evidence or designate specific facts showing the existence of a genuine issue for trial.”[5] Summary judgment is appropriate if the non-movant “fails to make a showing sufficient to establish the existence of an element essential to that party's case.”[6]

         “In response to a properly supported motion for summary judgment, the nonmovant must identify specific evidence in the record and articulate the manner in which that evidence supports that party's claim, and such evidence must be sufficient to sustain a finding in favor of the nonmovant on all issues as to which the nonmovant would bear the burden of proof at trial.”[7] The Court does “not . . . in the absence of any proof, assume that the nonmoving party could or would prove the necessary facts.”[8] Additionally, “[t]he mere argued existence of a factual dispute will not defeat an otherwise properly supported motion.”[9]

         LAW AND ANALYSIS

         The Louisiana Merchant Liability Statute provides a negligence cause of action to people who suffer an injury in a business because of an unsafe condition at the business.[10] Subsection B of the statute sets forth the elements a plaintiff must prove to succeed on her claim.[11] The statute provides:

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, ...

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.