Melancon v. Popeye's Famous Fried Chicken
59 So. 3d 513
La. Ct. App.2011Background
- Melancon slipped on a slick floor exiting a Popeye’s in Grand Coteau, Louisiana in Sept. 2008 and sued in Jan. 2009.
- TMC Foods moved for summary judgment in June 2010 arguing no genuine issue of material fact and that it maintained the floor reasonably.
- The trial court granted summary judgment in July 2010.
- Melancon appealed, asserting genuine issues existed about whether the freshly mopped floor created an unreasonable risk.
- Louisiana’s 9:2800.6 framework governs the premises-liability elements, including unreasonable risk, foreseeability, notice, and reasonable care.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Melancon can prove an unreasonable risk from a freshly mopped floor. | Melancon (Melancon) argues the wet floor created an unreasonable risk. | TMC asserts signs and normal cleaning practices render the risk reasonable. | No genuine issue; signs and care show no unreasonable risk. |
| Whether TMC adequately warned patrons about the mopped floor. | Melancon contends warnings were insufficient. | TMC had multiple visible wet-floor signs. | Operational warning signs sufficed; no failure of warning. |
| Whether plaintiff's inattentiveness absolves defendant of liability. | Melancon’s own inattention contributed to the fall. | Inattentiveness does not shift burden; signs supported reasonable care. | Inattentiveness does not defeat summary judgment; signs were adequate. |
Key Cases Cited
- Magnon v. Collins, 739 So.2d 191 (La. 1999) (summary-judgment standard and material-fact analysis)
- White v. Wal-Mart Stores, Inc., 699 So.2d 1081 (La. 1997) (no shifting burden without proving elements of claim)
- Rowell v. Hollywood Casino Shreveport, 996 So.2d 476 (La. App. 2 Cir. 2008) (premises-cleanup and signage can negate unreasonable-risk finding)
- Lee v. Ryan’s Family Steak Houses, Inc., 960 So.2d 1042 (La. App. 1 Cir. 2007) (wet-floor signage and maintenance values in negligence)
