Beverly Hill v. Kmart Corporation and Kellermeyer Bergensons Services LLC

Summary

The Louisiana Court of Appeal, First Circuit granted supervisory writs and reversed the trial court’s denial of summary judgment in a slip-and-fall action. The court held that Beverly Hill failed to produce factual support showing the existence of a hazardous condition before her fall or that defendants had actual or constructive notice of it, and dismissed her claims against Kellermeyer Bergensons Services, LLC and Zurich American Insurance Company with prejudice.

Holdings

1. Whether La. R.S. 9:2800.6 or La. Civ. Code art. 2317.1 applies, the plaintiff must prove that the condition presented an unreasonable risk of harm, that the defendant had actual or constructive knowledge of the risk, and that the defendant failed to exercise reasonable care.
2. A plaintiff must make a positive showing that the hazardous condition existed before the fall; the defendant is not required to make a positive showing that the condition did not exist before the fall.
3. A claimant who shows only that a condition existed, without additionally showing that it existed for some period before the accident, has not carried the burden of proving constructive notice.
4. Defendants were entitled to summary judgment because Hill failed to produce factual support raising a genuine issue of material fact as to the required premises-liability elements.

Questions Presented

1. Whether Hill produced factual support establishing that a hazardous condition existed before her fall.
2. Whether Hill produced factual support establishing that defendants had actual or constructive notice of the alleged wet floor.
3. Whether defendants were entitled to summary judgment in the premises-liability action.

Disposition

writ_granted