Lynn Ferrant v. Lowe's Home Centers, Inc., 494 F. App'x 458

Ferrant tripped in a Lowe's in Hammond, Louisiana, allegedly due to a board protruding from a pallet of light bulbs; neither Ferrant nor Crater saw the board before the fall.
Crater noticed the board after Ferrant fell and pushed it back into place; store employees inspected the area and took photos; no defect was observed by Lowe's employees.
Ferrant sued Lowe’s in state court for negligence; the case was removed to federal court and summary judgment was granted for Lowe’s.
The case is governed by the Louisiana Merchant Liability Act, requiring proof of an unreasonable risk, merchant notice, and failure to exercise reasonable care, with burdens remaining on the plaintiff.
On appeal, Ferrant contends there are genuine disputes on constructive notice, creation of the hazard, and foreseeability; Lowe’s argues there are none.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Constructive notice requirement	Ferrant showed the condition existed prior to fall	No evidence of time period before the fall to prove constructive notice	No genuine dispute; constructive notice not shown
Merchant-created hazard	Lowe's controlled and may have caused the hazard by pallet placement	Cannot infer creation from custody/control without evidence of direct causation	No genuine dispute; no proof Lowe's created the hazard
Pallet placement as unreasonable risk	Placement of pallet could render an unreasonable risk that was foreseeable	Record shows aisle space was not unreasonable and similar pallets existed nearby	No genuine dispute; placement did not present an unreasonable risk
Discovery and Rule 56(d) relief	More discovery could yield photos, witness statements, video	Rule 56(d) relief was not sought; district court did not abuse by denying discovery	No error; district court did not abuse discretion

White v. Wal‑Mart Stores, Inc., 699 So. 2d 1081 (La. 1997) (constructive notice requires a temporal showing by the claimant)
Jones v. Brookshire Grocery Co., 847 So. 2d 43 (La. App. 2 Cir. 2003) (merchant liability burden under 9:2800.6(A)-(B))
Melancon v. Popeye’s Famous Fried Chicken, 59 So. 3d 513 (La. App. 3 Cir. 2011) (burden of proof under 9:2800.6(B) not shifted by absence of other evidence)
Ross v. Schwegmann Giant Super Markets, Inc., 734 So. 2d 910 (La. App. 1 Cir. 1999) (creation of hazard requires direct proof of merchant responsibility)
Savoie v. Sw. La. Hosp. Ass’n, 866 So. 2d 1078 (La. App. 3 Cir. 2004) (creation/maintenance of hazard examined under 9:2800.6)
Reed v. Home Depot, Inc., 843 So. 2d 588 (La. App. 2 Cir. 2003) (application of merchant liability principles to pallet/conditions)
Broussard v. Outback Steakhouse of Fla., Inc., 146 F. App’x 710 (5th Cir. 2005) (summary judgment standards for 9:2800.6 claims)