This case examines the requirements for proving merchant liability in slip and fall cases, emphasizing the importance of evidence and the burden of proof.
Case Background
Lamarr Pierite sued Dollar General, alleging he slipped and fell in a liquid substance at their store, causing injuries. After a trial, the court found Dollar General liable and awarded Mr. Pierite $30,000 in general damages plus other costs. Dollar General appealed the judgment.
The following case dives into the world of “slip and fall” lawsuits in Louisiana, where the law sets specific requirements for holding merchants liable for injuries on their premises.
Case Background
Gwendolyn Thibodeaux fell while shopping at a Super 1 Foods store in Lafayette. Although the fall was captured on video, the cause was not immediately clear. Ms. Thibodeaux sued Super 1, alleging they were negligent in keeping their floors safe. After a trial, the court ruled in favor of Super 1, finding that Ms. Thibodeaux failed to prove the store’s liability under Louisiana law.
A slip and fall accident in a nursing home can lead to devastating injuries, especially for elderly residents or those with underlying health conditions. But what happens when a lawsuit filed due to such an accident is dismissed because it was filed too late? That’s precisely what happened in the case of Penny Micken, whose legal battle against Heritage Manor of Napoleonville nursing home highlights the critical importance of adhering to legal deadlines.
In September 2015, Penny Micken, working as a sitter at Heritage Manor, slipped and fell on a liquid substance on the floor. The fall allegedly resulted in severe injuries. A year later, Micken filed a lawsuit, but she mistakenly named the wrong defendant, leading to a series of legal complications.
The Wrong Defendant and the Ticking Clock:
In a recent decision by the Louisiana Court of Appeal, Third Circuit, the court affirmed a trial court’s judgment granting summary judgment in favor of Stanley Access Technologies LLC (Stanley) in a personal injury case brought by Vera Bernard. The case stemmed from an incident where Ms. Bernard allegedly sustained injuries after striking a revolving door at the Lafayette Airport.
Ms. Bernard filed a lawsuit alleging that the revolving door, installed by Stanley, came to an abrupt halt, causing her to fall and sustain injuries. She claimed Stanley was negligent in the installation, maintenance, repair, and employee training related to the door.
Stanley filed a motion for summary judgment, asserting that it had no duty to Ms. Bernard as the responsibility for daily inspection and maintenance of the doors rested with the Lafayette Airport. They also argued that there was no evidence of the door malfunctioning.
In a recent decision by the Louisiana Court of Appeal, Third Circuit, Golden Nugget Lake Charles, LLC, emerged victorious in a slip and fall case brought forth by Carolyn A. Watts. The case revolved around Ms. Watts’ alleged injuries sustained from a fall on the casino’s premises.
Ms. Watts initially filed a petition claiming she slipped and fell on a wet floor within the Golden Nugget casino lobby. However, during her deposition, she clarified that the incident occurred on the boardwalk outside the casino while it was raining. Ms. Watts attributed her fall to the wet conditions and alleged injuries to her right shoulder, neck, and back.
Golden Nugget filed a motion for summary judgment, arguing that the accident took place outside the casino, on the boardwalk, during rainy conditions. They contended that Ms. Watts could not establish that the walkway posed a hazard or that Golden Nugget’s negligence contributed to the incident. They supported their motion with evidence, including Ms. Watts’ deposition transcript, surveillance video of the incident, and an affidavit from their Risk Manager confirming the rainy weather and lack of prior complaints about the boardwalk.
In a recent decision, the Louisiana Court of Appeal reversed a trial court judgment that had held Woman’s Hospital liable for a slip-and-fall accident. The case underscores the importance of understanding the “reasonable care” standard that applies to hospitals in such situations and how it can impact the outcome of personal injury claims.
Courtney Queen slipped and fell on a wet floor near the elevators at Woman’s Hospital. She sued the hospital, alleging negligence. The trial court initially favored Ms. Queen, awarding her damages for her injuries. However, the Court of Appeal overturned this decision.
The Legal Standard:
In a recent decision, the Louisiana Fifth Circuit Court of Appeal reversed a summary judgment granted to the Ochsner Clinic Foundation in a slip-and-fall case, emphasizing the importance of thoroughly examining factual disputes before granting such a motion.
Doris Stogner slipped and fell in the atrium of an Ochsner facility in 2011, allegedly sustaining injuries. She filed a lawsuit against Ochsner, claiming negligence in maintaining the premises and allowing a slippery substance to exist. Ochsner countered with a motion for summary judgment, asserting they had proper inspection procedures in place and were not liable for the actions of independent contractors.
Key Points of the Case:
In a recent Louisiana Court of Appeal case, Schroeder v. Hanover Insurance Company, et al., the court delved into the complexities of slip-and-fall cases and the crucial role of adequate warnings in determining a business’s liability. This decision highlights the importance of understanding merchant liability laws in Louisiana and how the presence of warning signs can significantly impact a personal injury claim.
Sybil Schroeder slipped and fell in the restroom of a travel plaza, sustaining injuries. She sued the travel plaza and its insurer, claiming they were negligent in maintaining a safe environment. However, she admitted in her deposition that she had noticed two “wet floor” signs before entering the restroom.
The defendants filed a motion for summary judgment, arguing that the presence of these signs demonstrated they had exercised reasonable care. The trial court initially denied the motion, but the Court of Appeal reversed this decision.
In personal injury law, the concept of “prescription” plays a crucial role. It’s essentially a deadline for filing a lawsuit; if you miss it, your claim could be barred forever. A recent Louisiana Court of Appeal case, Jones v. Iberia Parish Government et al., highlights the importance of understanding prescription rules, especially when multiple parties might be involved.
Agnes Jones slipped and fell on an allegedly defective walkway in New Iberia, Louisiana. Within the one-year prescription period, she filed a lawsuit against the property owner and the Iberia Parish Government. However, almost three years after the accident, she amended her lawsuit to include the City of New Iberia as a defendant.
The City of New Iberia filed an exception of prescription, arguing that Jones’ claim against them was filed too late. The trial court agreed and dismissed Jones’ claims against the City. Jones appealed this decision.
In today’s interconnected world, it’s not uncommon for employees to find themselves working across state lines. But what happens when an injury occurs in a different state than where the employment contract was formed? Whose laws apply? Can an injured worker sue their employer, or are they limited to workers’ compensation benefits? These questions were at the heart of the recent case Creel v. International-Matex Tank Terminals.
Richard Creel, an electrician, was injured while working at an IMTT facility in New Jersey. His employer, Versatech, was based in Louisiana. While Creel received workers’ compensation benefits in Louisiana, he also wanted to sue IMTT for negligence.
IMTT argued it was immune from lawsuits because it was Creel’s “statutory employer” under Louisiana law. Creel countered that New Jersey law should apply, and under that law, he had the right to sue. The initial court sided with IMTT, but an appeals court overturned that decision, sending the case back to the lower court for further review.
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