Darci Williamson v. BR Pig, LLC d/b/a Shopper's Value Foods

Summary

The Louisiana Court of Appeal, First Circuit, granted supervisory writs and reversed the trial court’s denial of BR Pig, LLC’s motion for summary judgment in a merchant-liability slip-and-fall case. The court held that the plaintiff lacked factual support showing that the defendant had actual or constructive knowledge of the hazardous substance, which existed for one minute and nineteen seconds before the fall. The plaintiff’s claims were dismissed with prejudice.

Holdings

1. BR Pig was entitled to summary judgment because Williamson provided no factual support creating a genuine issue of material fact that BR Pig had actual or constructive knowledge of the hazard before her fall.
2. The one minute and nineteen seconds that the substance existed before Williamson's fall was insufficient, on the evidence presented, to create a genuine issue of material fact regarding constructive notice.

Questions Presented

1. Whether BR Pig was entitled to summary judgment because Williamson lacked factual support showing that the store had actual or constructive knowledge of the hazardous condition before her fall.
2. Whether the one minute and nineteen seconds during which the hazard existed was sufficient to establish constructive notice under the Louisiana Merchant Liability Act.

Disposition

writ_granted