Sepulvado v. Travelers Ins. - the Charter Oak Fire Ins. Co., 261 So. 3d 980

On Feb 24, 2015, Joseph Sepulvado slipped and fell on Yokem Motors' premises in icy conditions while exiting his truck to meet a GEICO employee; he claimed a thin sheet of ice caused his injuries.
Mr. Sepulvado and his wife sued Yokem Motors and its insurer for personal injuries and loss of consortium, seeking medical and general damages.
Yokem moved for summary judgment, arguing the icy condition was not unreasonably dangerous because it was open and obvious given the weather.
Evidence showed severe icy weather the preceding day, school closures, salt spread by Yokem on Feb 23, and deposition testimony acknowledging icy conditions on the commute and that the lot was slick.
The district court granted summary judgment for Yokem, finding the ice was an open and obvious hazard and the plaintiff was on notice of the danger.
On appeal, the court affirmed, holding that under the undisputed weather conditions the presence of ice was open and obvious and summary judgment was appropriate.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the icy condition on Yokem's lot presented an "unreasonable risk of harm" under La. R.S. 9:2800.6	Sepulvado: Despite general awareness of icy weather, the specific hazard was not open and obvious and Yokem failed to abate it	Yokem: Icy conditions were apparent to all given the weather; merchant not liable for open and obvious hazards	Held for Yokem — the ice was open and obvious; no unreasonable risk as a matter of law
Whether Yokem breached its duty as a merchant to protect patrons from foreseeable harm	Sepulvado: Yokem took no effective steps on the lot to abate ice; duty remained	Yokem: Took precautions (salted premises) and the hazard was obvious; not insurer of patrons' safety	Held for Yokem — precautions plus obviousness negate liability
Whether summary judgment was appropriate	Sepulvado: Factual dispute about whether the specific patch was open and obvious precluded summary judgment	Yokem: Record shows undisputed weather and notice; no genuine issue of material fact	Held for Yokem — de novo review supports summary judgment for defendant

J & L Oil Co. v. KM Oil Co., LLC, 247 So.3d 147 (La. App. 2 Cir.) (standard of review and summary judgment criteria)
Ton v. Albertson's, LLC, 182 So.3d 246 (La. App. 2 Cir.) (merchant liability and limits; not insurers of patron safety)
Cox v. Baker Distrib. Co., L.L.C., 244 So.3d 681 (La. App. 2 Cir.) (hazard must be open and obvious to all to relieve merchant of duty)