Shamsey Duncan v. Wal-Mart Louisiana, L.L.C
863 F.3d 406
| 5th Cir. | 2017Background
- Shamsey Duncan, a pregnant Wal‑Mart employee, slipped on a mat in front of a Reddy Ice freezer in a Bossier City, Louisiana Wal‑Mart store on June 7, 2014; she observed water under the mat but not on its surface.
- Later that day she was hospitalized and a stillbirth was diagnosed and induced the next day; Duncan and the child’s father sued Wal‑Mart (and later added Reddy Ice) for wrongful death.
- The only evidence offered by Duncan and Johnson was Duncan’s deposition, in which she admitted she did not know how long the water had been under the mat or how it got there and had no evidence any employee created or knew of the condition.
- Wal‑Mart and Reddy Ice moved for summary judgment; the magistrate judge granted both motions, finding no evidence the defendants created or had actual or constructive notice of the hazard and no evidence the condition existed long enough to place the merchant on constructive notice.
- Plaintiffs appealed only the merchant‑liability claim against Wal‑Mart under La. Stat. § 9:2800.6; they abandoned other arguments on appeal (including challenges to Reddy Ice’s dismissal).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Wal‑Mart had "created or had actual or constructive notice" of the water under the mat in time to be liable under La. Stat. § 9:2800.6 | Duncan argued the presence of water under the mat caused her fall and Wal‑Mart should be liable under the merchant‑liability statute | Wal‑Mart argued plaintiffs offered no evidence showing creation, actual notice, or that the condition existed long enough to give constructive notice | Court held plaintiffs produced no positive evidence showing creation, actual notice, or sufficient time for constructive notice; summary judgment affirmed |
Key Cases Cited
- Wilson v. Tregre, 787 F.3d 322 (5th Cir. 2015) (standard of review for summary judgment)
- Audler v. CBC Innovis Inc., 519 F.3d 239 (5th Cir. 2008) (elements of duty‑risk negligence analysis)
- White v. Wal‑Mart Stores, Inc., 699 So. 2d 1081 (La. 1997) (plaintiff must show the condition existed for some period sufficient to give merchant constructive notice)
- Thompson v. Winn‑Dixie Montgomery, Inc., 181 So. 3d 656 (La. 2015) (§ 9:2800.6 governs merchant liability and its elements)
- In re Deepwater Horizon, 819 F.3d 190 (5th Cir. 2016) (argument abandonment through inadequate briefing)