136 So. 3d 815
La. Ct. App.2013Background
- On August 12, 2010, Clark slipped on a liquid in a Piggly Wiggly store in Baton Rouge and sustained a knee injury.
- Clark had been in the store about 15–20 minutes and fell after taking 2–3 steps away from the checkout area.
- She filed suit on August 1, 2011, alleging damages from the store’s negligence.
- Piggly Wiggly moved for summary judgment on June 13, 2012, contending Clark could not prove the store created or had actual/constructive notice of the hazard.
- The trial court granted summary judgment in favor of Piggly Wiggly on December 20, 2012, dismissing Clark’s claims with prejudice; the appellate court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Constructive notice under 9:2800.6 requires time prior to the fall | Clark argues the spill existed long enough for notice. | Piggly Wiggly contends there is no evidence the spill existed for a duration that would have allowed discovery. | No genuine issue; Clark failed to prove the temporal element. |
| Burden-shifting on summary judgment for constructive notice | Clark relied on evidence that would support constructive notice. | Once the movant shows no genuine issue, the non-movant must produce evidence; Clark failed. | Summary judgment proper; Clark did not raise a triable issue. |
Key Cases Cited
- White v. Wal-Mart Stores, Inc., 699 So.2d 1081 (La. 1997) (temporal element requires a positive showing the condition persisted prior to the fall)
- Janney v. Pearce, 40 So.3d 285 (La.App.1 Cir. 2010) (burden shifting on summary judgment in Louisiana)
- Hines v. Garrett, 876 So.2d 764 (La.6/25/04) (summary judgment principles and triable facts standard)
- Daniels v. USAgencies Cas. Ins. Co., 92 So.3d 1049 (La.App.1 Cir. 2012) (materiality depends on substantive law; review for triable facts)
- Berard v. L-3 Communications Vertex Aerospace, LLC, 35 So.3d 334 (La.App.1 Cir. 2010) (summary judgment burden and evidentiary standards)