93 So. 3d 645
La. Ct. App.2012Background
- Pellegrin filed a damages petition against Boomtown, L.L.C., Louisiana-1 Gaming and Pinnacle Entertainment for a fall at the Boomtown Casino Harvey, LA on October 27, 2008.
- Plaintiffs alleged negligence in allowing a customer hazard and in failing to inspect and maintain casino carpet and flooring.
- Defendants answered denying the allegations and asserted comparative fault against Pellegrin.
- Defendants moved for summary judgment under La.R.S. 9:2800.6, arguing plaintiffs cannot prove the defect existed for a period allowing discovery with reasonable care.
- The trial court granted summary judgment on May 13, 2011, finding no evidence of actual or constructive notice of the carpet condition.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether plaintiffs proved notice and defect under 9:2800.6 | Pellegrin argued the carpet defect was created by the merchant and there was evidence of notice. | Boomtown contends there is no proof the carpet was defective or that it existed long enough to be discoverable with reasonable care. | No genuine issue; plaintiffs failed to prove defect or notice; judgment affirmed. |
| Whether strict liability under Articles 2317.1 and 2322 applies | Plaintiffs argued strict liability theories based on defect. | Defendants argued no proof of defect or notice supports strict liability claims. | Strict liability claims not proven; affirmed. |
Key Cases Cited
- Magnon v. Collins, 739 So.2d 191 (La. 1999) (summary judgment standard, de novo review)
- Smith v. Our Lady of the Lake Hosp., Inc., 639 So.2d 730 (La. 1994) (summary judgment de novo review guidance)
- Nuccio v. Robert, 761 So.2d 84 (La. App. 5th Cir. 2000) (evidence-burden framework for summary judgment)
- Savoie v. Southwest Louisiana Hosp. Ass’n, 866 So.2d 1078 (La. App. 3 Cir. 2004) (created-hazard cases; notice considerations)
- Ruby v. Jaeger, 759 So.2d 905 (La. App. 4 Cir. 2000) (notice in hazard creation scenarios)
- Rodriguez v. Wal-Mart Stores, Inc., 820 So.2d 1190 (La. App. 3 Cir. 2002) (causation and notice analysis in premises liability)