123 So. 3d 345
La. Ct. App.2013Background
- Plaintiff Norma Richard slipped at Popeye’s Chicken and Biscuits in Eunice, Louisiana, in July 2010.
- Defendants moved for summary judgment, arguing Richard cannot prove actual or constructive notice of a defect.
- Trial court granted summary judgment, dismissing Richard’s claims with prejudice; appellate review ensued.
- Richard testified she could not identify the substance or its cause, and had little to no evidence of floor condition.
- Claim centered on La.R.S. 9:2800.6, requiring proof of an unreasonable risk, the merchant’s notice, and failure to exercise reasonable care.
- Richard later offered an affidavit asserting longer time in the restaurant and lack of floor inspections, but the court deemed it insufficient.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Richard proves the floor hazard presented an unreasonable risk | Richard | Popeye’s | No genuine issue; failure to prove unreasonable risk. |
| Whether Popeye’s had actual or constructive notice prior to the incident | Richard | Popeye’s | No constructive notice shown; not determinative. |
| Whether circumstantial evidence suffices to establish constructive notice | Richard | Popeye’s | Circumstantial evidence inadequate to prove notice; supports summary judgment. |
Key Cases Cited
- Williams v. Shoney's Inc., 764 So.2d 1021 (La.App. 1 Cir. 2000) (rejects bright-line rule for restaurant hazards)
- White v. Wal-Mart Stores, Inc., 699 So.2d 1081 (La. 1997) (timing and perception affect constructive notice)
- Sears v. Home Depot. USA, Inc., 943 So.2d 1219 (La.App. 4 Cir. 2006) (conclusory allegations insufficient to create genuine issue)
- Babin v. Winn-Dixie La., Inc., 764 So.2d 37 (La. 2000) (circumstantial evidence; timing of notice required)
- Beninate v. Wal-Mart Stores, Inc., 704 So.2d 851 (La. App. 5th Cir. 1998) (insufficient inspection evidence undermines constructive notice)