240 So. 3d 193
La. Ct. App.2017Background
- Guillory slipped and fell near the restaurant "waitstation" and sued Barco Enterprises d/b/a The Chimes, alleging she slipped on a foreign, wet, and slippery substance spilled by servers.
- Barco moved for summary judgment under La. R.S. 9:2800.6, submitting the manager’s affidavit (no visible spill found) and Guillory’s deposition (she never saw anything on the floor before or after the fall and could not identify any substance).
- Guillory offered her deposition, an interrogatory answer mirroring her petition, and an affidavit from her daughter who saw a "wet floor" sign near the waitstation after the accident.
- The trial court granted summary judgment, finding no proof Barco created or had notice of an unreasonably dangerous condition.
- On appeal the court reviewed summary judgment de novo and focused on the merchant-notice/creation element of La. R.S. 9:2800.6.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether merchant created the hazardous condition or had notice | Guillory: proximity to waitstation and employees handling food/drinks permit inference an employee spilled something | Barco: no evidence identifying substance, showing employees spilled it, or showing exclusive employee access | Court: No; plaintiff’s proof is speculative—no evidence of substance, source, or time on floor, so no genuine issue on creation/notice |
Key Cases Cited
- Thompson v. Winn-Dixie Montgomery, Inc., 181 So.3d 656 (La. 2015) (interpreting merchant duty under La. R.S. 9:2800.6)
- Davis v. Cheema, Inc., 171 So.3d 984 (La. App. 4 Cir. 2015) (inference merchant created parking-lot remedy material where material was distinctive to merchant)
- Willis v. Medders, 775 So.2d 1049 (La. 2000) (mere conclusory allegations and speculation cannot defeat summary judgment)
- Pouncy v. Winn-Dixie Louisiana, Inc., 178 So.3d 603 (La. App. 5 Cir. 2015) (affirming summary judgment where plaintiff could not identify substance or its source)
- Ledet v. Robinson Helicopter Company, 195 So.3d 89 (La. App. 1 Cir. 2016) (circumstantial evidence can defeat summary judgment but must set forth specific facts creating a genuine issue)