Flipping v. JWH Properties, LLC, 196 So. 3d 149

On April 3, 2013, Jameica Flipping (pregnant, carrying her one‑year‑old) slipped entering JWH Properties’ leasing office after stepping up from wet exterior pavement onto the doorway area; she sustained back, tailbone, and knee injuries.
Flipping filed a negligence suit against JWH alleging failure to protect customers from a wet entrance; JWH impleaded the City for alleged drainage defects (City later dismissed on no‑cause‑of‑action exception).
At bench trial parties stipulated to medical specials and lost wages; testimony conflicted slightly on whether the slip occurred on the metal threshold or on damp tile inside and whether the inside mat was pushed against the threshold.
JWH employee (sole office worker) acknowledged recurring drainage/splashing problems, kept an interior mat and wet‑floor sign, but admitted the mat sometimes was not flush with the threshold and that the metal threshold was slick; no exterior warning signs or exterior slip‑resistant mat were present.
Trial court found JWH on notice of the wet condition and liable, awarded damages but apportioned fault 50/50 to Flipping and JWH; JWH appealed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether JWH breached a duty to keep entrance safe (mat/precautions)	Jameica: JWH knew of pooling/splashing risk and failed to maintain mat/alarm customers, causing her slip on damp tile	JWH: had mat and wet‑floor sign; no additional measures required; metal threshold and outdoor conditions were open/obvious	Held for plaintiff: JWH breached duty by failing to keep mat properly placed and adopt reasonable rainy‑day measures given known draining/splashing problems
Whether the hazard was open and obvious (no duty)	Jameica: damp floor not open/obvious in doorway context; expect wet soles after walking from sidewalk	JWH: wet condition was obvious; thus no duty beyond ordinary care	Held: not open and obvious; trial court reasonably found duty to take additional precautions
Allocation of fault between parties	Jameica: JWH primarily at fault for unsafe entrance	JWH: Flipping bore greater fault (e.g., footwear, familiarity)	Held: 50/50 apportionment affirmed — court found both parties’ conduct contributed (Flipping’s footwear and JWH’s mat handling)
Whether the City of Shreveport was at fault for pooling/splashing (nonparty fault)	JWH: City’s poor drainage/potholes caused water to pool and splash into doorway	Jameica: incident resulted from normal rain and transfer of water by pedestrians/cars, not special city fault	Held: no preponderant evidence against City; trial court correctly declined to assess City fault

Wooley v. Lucksinger, 61 So.3d 507 (La. 2011) (appellate review examines judgment, not oral reasons)
Pinsonneault v. Merchants & Farmers Bank & Trust Co., 816 So.2d 270 (La. 2002) (duty‑risk framework for negligence under La. C.C. art. 2315)
Pamplin v. Bossier Parish Community Coll., 878 So.2d 889 (La. App. 2d Cir. 2004) (application of duty‑risk negligence analysis)
Broussard v. State ex rel. Office of State Bldgs., 113 So.3d 175 (La. 2013) (no duty to protect against open and obvious hazards)
Dauzat v. Curnest Guillot Logging, Inc., 995 So.2d 1184 (La. 2008) (open‑and‑obvious hazard principles)
Dowdy v. City of Monroe, 78 So.3d 791 (La. App. 2d Cir. 2011) (open and obvious doctrine in premises cases)
Ferlicca v. Brookshire Grocery Co., 175 So.3d 469 (La. App. 2d Cir. 2015) (merchant’s duty to alleviate or warn of tracked/dripped water)
Grinnell v. St. Francis Med. Ctr., Inc., 156 So.3d 117 (La. App. 2d Cir. 2013) (nonmerchant business owes reasonable care to keep premises safe)
Thompson v. Winn‑Dixie Montgomery, Inc., 181 So.3d 656 (La. 2015) (appellate standard for reviewing fault allocation)
State, Dept. of Transp. & Dev’t v. Cecil, 966 So.2d 131 (La. App. 2d Cir. 2007) (requirement to assess fault of nonparties when supported by evidence)
Watson v. State Farm Fire & Cas. Ins. Co., 469 So.2d 967 (La. 1985) (factors for apportioning comparative fault)