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Green v. Brookshire Grocery Company

Court of Appeals of Louisiana, Second Circuit

September 25, 2019

SHIRLEY GREEN Appellant
v.
BROOKSHIRE GROCERY COMPANY D/B/A SUPER ONE FOODS Appellee

          Appealed from the First Judicial District Court for the Parish of Caddo, Louisiana Trial Court No. 605, 225. Honorable Ramon Lafitte, Judge

          RONALD J. MICIOTTO JUSTIN SMITH Counsel for Appellant

          BARHAM & WARNER, L.L.C. By: Elizabeth P. Grozinger Counsel for Appellee

          Before GARRETT, STONE, and COX, JJ.

          COX, J.

         This personal injury appeal arises out of the First JDC, Caddo Parish, Louisiana. Shirley Green brought suit against Brookshire Grocery Company D/B/A Super One Foods ("Brookshire") after she slipped and fell in the store. Ms. Green seeks review of the trial court's decision granting Brookshire's motion for summary judgment. For the following reasons, we respectfully reverse.

         FACTS

         Ms. Green was shopping at Super One Foods in Shreveport, Louisiana, on July 17, 2017. While walking down a main aisle, she slipped on a red liquid and fell. Ms. Green injured her left knee, left leg, pelvis, neck, and back. After falling, she was treated at Willis Knighton Urgent Care, University Health, and Chiro Care.

         An affidavit from the store manager of Super One, Kenneth Cole, appears in the record. His affidavit stated that at the time of Ms. Green's fall there was a liquid substance on the floor with a reddish tint. He stated that upon being advised of the spill, he immediately placed two bright yellow "wet floor caution" cones in the spill area, with one placed right beside the liquid. He stated that an employee was also told to stand by the liquid and warn customers of the substance until it could be properly cleaned up. Mr. Cole stated that while he retrieved cleaning supplies, Ms. Green walked through the area and fell.

         Ms. Green's affidavit stated that she did not see the liquid or warning cone prior to her fall. She stated that no employee warned her of the spill or attempted to stop her from proceeding through the spill.

         Surveillance video of the store showed the following:

• 13:34:03- A woman in a striped dress is pushing her cart down the aisle when her drink falls over and spills onto the floor. The drink continues to spill as she pushes her cart, leaving a trail, until the woman notices and picks up the drink. The woman proceeds past two aisles. She goes down the third aisle and then comes back to the main aisle.
• 13:34:44- The woman talks to a Super One employee and points to the spill.
• 13:34:58- The employee sees the spill and walks off camera.
• 13:36:25- Super One's employees return to the aisle. An employee places a yellow cone on the far side of the spill several aisles away.
• 13:36:44- Another yellow cone is placed by an employee. This cone appears to be placed in the middle of the spill, next to a display pallet. One employee stands ...

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