Flowers v. Wal-Mart Stores, Inc., 99 So. 3d 696

Plaintiff Valerie Flowers sued Wal-Mart for personal injuries from a slip and fall on September 15, 2007, at Wal-Mart in Harvey, Louisiana.
Flowers testified she fell after stepping into a puddle of water she observed near a shelf with water jugs.
A Wal-Mart associate and the assistant manager described the scene as water on the floor; a store employee prepared an accident report noting the fall on ceramic tile.
Wal-Mart moved for summary judgment on May 18, 2011, contending Flowers could not prove the temporal element of constructive notice.
The trial court granted summary judgment in November 2011, dismissing Flowers’ claims with prejudice.
Flowers appealed, arguing the trial court erred in finding no constructive notice prior to her fall.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Flowers proved constructive notice under La. R.S. 9:2800.6(B)(2).	Flowers contends the puddle existed long enough for Wal-Mart to discover it.	Wal-Mart argues there is no evidence of a prolonged condition or an unsealed/leaking bottle.	No; Flowers failed to prove the temporal element of constructive notice.

Robinson v. Jefferson Parish Sch. Bd., 9 So.3d 1035 (La.App. 5 Cir. 2009) (guides summary judgment standard for genuine issues of material fact)
White v. Wal-Mart Stores, Inc., 699 So.2d 1081 (La. 1997) (requires proving all elements of La. R.S. 9:2800.6(B))
Smart v. Winn-Dixie of Louisiana, Inc., 742 So.2d 1062 (La.App. 5 Cir. 1999) (large puddle and slow leak supported constructive notice)
Spano v. Sav-A-Center, Inc., 210 F.3d 369 (5th Cir. 2000) (puddle existence supported by evidence of slow leak and size)
Rodgers v. Food Lion, Inc., 756 So.2d 624 (La.App. 2 Cir. 2000) (evidence of puddle size and opportunity to inspect supported constructive notice)
Simoneaux v. E.I. du Pont de Nemours and Co., Inc., 483 So.2d 908 (La.1986) (discretion in discovery and summary judgment timing)