Appealed from the First Judicial District Court for the
Parish of Caddo, Louisiana Trial Court No. 605, 225.
Honorable Ramon Lafitte, Judge
J. MICIOTTO JUSTIN SMITH Counsel for Appellant
& WARNER, L.L.C. By: Elizabeth P. Grozinger Counsel for
GARRETT, STONE, and COX, JJ.
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.
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.
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.
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.
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
• 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 ...