Deborah Heller v. Hillstone Restaurant Group, Inc.

Summary

The United States District Court for the Eastern District of Louisiana denied Hillstone Restaurant Group, Inc.'s two motions for summary judgment in Deborah Heller's slip-and-fall action. The court held that genuine disputes of material fact existed regarding whether Hillstone created or had notice of the hazardous condition and whether sewage on the restroom floor presented an unreasonable risk of harm under Louisiana law. The court also addressed the evidentiary significance of prior plumbing incidents, expert testimony, and an allegedly hearsay statement.

Holdings

1. Summary judgment was denied because the record contained a genuine dispute of material fact regarding whether Hillstone had prior knowledge of recurring plumbing problems and thereby created the hazard or had constructive notice of the condition.
2. Summary judgment was denied because genuine disputes of material fact remained regarding whether the sewage or liquid on the restroom floor constituted an unreasonable risk of harm.

Questions Presented

1. Whether summary judgment was proper on the Louisiana merchant-liability requirement that Hillstone created the restroom hazard or had actual or constructive notice of it.
2. Whether summary judgment was proper on whether the liquid on the restroom floor presented an unreasonable risk of harm under Louisiana's risk-utility balancing test.
3. Whether the record contained genuine disputes of material fact concerning the breach and hazard elements of Heller's premises-liability claim.

Disposition

denied