Sheffie v. Wal-Mart Louisiana LLC
134 So. 3d 80
La. Ct. App.2014Background
- Plaintiff Michelle Sheffle sues Wal-Mart Louisiana, LLC and Wal-Mart Real Estate Business Trust for injuries from slipping on a substance at the Harahan store on December 27, 2005.
- Wal-Mart moved for summary judgment under La. Rev. Stat. 9:2800.6, arguing no genuine issue as to constructive/actual notice or the temporal element.
- Plaintiff opposed, attaching discovery responses admitting water on the floor and evidence of safety inspections, plus depositions and a 22-minute surveillance video.
- The accident occurred in a main aisle between a jewelry counter and cash registers; employees performed safety sweeps and water was present where plaintiff slipped.
- Surveillance video showed five employees near the area before the slip; an investigator opined water was removed about two minutes after the incident.
- The trial court granted summary judgment; plaintiff appealed, and the appellate court reversed and remanded for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there is a genuine issue of material fact on constructive notice. | Sheffle proves water existed and employees knew or should have known. | Wal-Mart contends no positive evidence of ongoing condition or notice before the accident. | Yes; genuine issue of material fact as to constructive notice exists. |
| Whether there is a genuine issue on the temporal element under 9:2800.6(B)(2). | Evidence shows the condition existed for a period enabling discovery by reasonable care. | No positive, specific duration proven prior to the accident. | Yes; issue of temporal element remains for factual determination. |
Key Cases Cited
- Hines v. Garrett, 876 So.2d 764 (La. 2004) (summary judgment standard; de novo review)
- Smith v. Our Lady of the Lake Hosp., Inc., 639 So.2d 730 (La. 1994) (definition of material facts and genuine issues)
- Barrios v. Wal-Mart Stores, Inc., 804 So.2d 905 (La. App. 1 Cir. 2001) (temporal element proof in premises-liability)
- Davenport v. Albertson's, Inc., 774 So.2d 340 (La. App. 3 Cir. 2000) (circumstantial evidence for constructive notice)
- White v. Wal-Mart Stores, Inc., 699 So.2d 1081 (La. 1997) (existence of condition period for notice)