349 So.3d 103
La. Ct. App.2022Background
- On Aug. 4, 2019, Lee Grisby tripped over a pallet display of beer cans in the middle of Porter House Liquor and injured his right shoulder.
- Grisby sued Jaasim II, LLC d/b/a Porter House, alleging the pallet created an unreasonably dangerous, unmarked hazard and that the merchant was negligent in allowing it near the store entrance.
- Porter House admitted Grisby tripped over an open display and defended that the hazard was open and obvious, thus negating merchant liability under La. R.S. 9:2800.6.
- Supporting evidence included store security video, a photograph, deposition testimony, and competing affidavits; the facts in the record were undisputed.
- The trial court granted summary judgment for Porter House, but the appellate court reversed, finding a genuine issue of material fact about whether the pallet’s low profile and placement made the hazard open and obvious or unreasonably dangerous.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the pallet/display was an open and obvious hazard such that Porter House owed no duty under La. R.S. 9:2800.6 | Grisby: the pallet’s low profile and central placement could make it not open and obvious; question of fact exists | Porter House: video shows the pallet was visible and open and obvious, so no unreasonable risk and no liability | Reversed — appellate court held reasonable persons could disagree about openness/unreasonableness; genuine issue of material fact precludes summary judgment |
| Whether the unreasonableness of the condition is a question appropriate for summary judgment | Grisby: unreasonableness is predominantly factual and depends on features like height and store layout | Porter House: argues the undisputed video evidence shows the condition was open and obvious and appropriately decided on summary judgment | Held: determination of unreasonable risk is factual; here the low profile plus location create a triable issue, so summary judgment was improper |
Key Cases Cited
- Murphy v. Savannah, 282 So. 3d 1034 (La. 2019) (standard and de novo review for summary judgment)
- Bell o/b/o Cox v. Big Star of Tallulah, Inc., 336 So. 3d 364 (La. App. 2d Cir. 2021) (unreasonableness of premises defects is typically a factual inquiry)
- Cox v. Baker Distrib. Co., L.L.C., 244 So. 3d 681 (La. App. 2d Cir. 2017) (merchant generally has no duty to protect against open and obvious hazards)
- Moy v. Brookshire Grocery Co., 117 So. 3d 611 (La. App. 2d Cir. 2013) (failure to prove any element of La. R.S. 9:2800.6(B) is fatal to plaintiff)