|, Plaintiff filed suit against defendant alleging she was injured when she “attempted to thread her way through a maze” of shopping carts, and her left foot came in contact with a shopping cart wheel, which caused her to step back and fall. Defendant moved for summary judgment, arguing plaintiff was unable to establish presence of the shopping cart in the parking area presented an unreasonably dangerous condition. In support, defendant relied on plaintiffs deposition in which she admitted to seeing the shopping cart which caused her fall.
The district court denied defendant’s motion for summary judgment, and the court of appeal denied supervisory review. This application followed.
Courts have recognized that the mere presence of obstacles in a store, such as shopping carts, does not create an unreasonable risk of harm when the condition is' open and obvious. See Russell v. Morgan’s Bestway of Louisiana, LLC, 47,914 at p. 8 (La.App. 2 Cir. 4/10/18),
Accordingly, the writ is granted. The judgment of the district court is reversed, and summary judgment is granted in favor of defendant.
