Summary
Denying summary judgment, even where “[i]t [was] clear that [the plaintiff] never saw the cart as she advanced toward its location. Similarly, [the plaintiff's friend] testified at her deposition that she also never saw the cart until after the trip and fall accident.”
Summary of this case from Lundy v. DG La.Opinion
No. 2023-C-00331.
05-02-2023
Anna L. PISTORIUS v. HIGBEE LOUISIANA, LLC, d/b/a Dillard's.
Applying For Writ Of Certiorari, Parish of Caddo, 1st Judicial District Court Number(s) 613,599, Court of Appeal, Second Circuit, Number(s) 54,780-CA.
Writ application denied.
Crichton, J., would grant and docket and assigns reasons.
Crain, J., would grant and docket.
McCallum, J., would grant and docket.
Crichton, J., would grant and docket.
I would grant the writ application of Higbee Louisiana, LLC, d/b/a Dillard's, to thoroughly examine this case in light of this Court's recent decision in Farrell v. Circle K Stores, Inc., 22-0849 (La. 3/17/23), 359 So.3d 467, 470-71. In Farrell, the Court stated: "Summary judgment, based on the absence of liability, may be granted upon a finding that reasonable minds could only agree that the condition was not unreasonably dangerous; therefore, the defendant did not breach the duty owed." Id., at 478. The trial court made a reasoned decision to grant summary judgment here based on the evidence presented, including a video demonstrating that over 85 persons avoided the obstacle over which plaintiff ultimately tripped in a period of under three minutes. Moreover, the court of appeal reversed the trial court before this Court rendered our decision in Farrell. I would therefore grant the application to review the facts of this case under the standard clarified by Farrell.