Patricia Huston v. Penn Entertainment, Inc., et al.

Summary

The United States District Court for the Eastern District of Louisiana denied Louisiana-I Gaming, LP’s motion for summary judgment in a slip-and-fall action arising from an allegedly defective shower at Boomtown Casino Hotel. The court held that expert evidence concerning the shower’s low traction and the hotel’s age and inspection practices created a genuine dispute regarding constructive notice under Louisiana’s Merchant Liability Statute.

Holdings

1. Summary judgment was improper because the expert evidence and circumstances concerning the age and use of the shower created a genuine dispute of material fact as to whether defendant knew or should have known of the allegedly dangerous condition.
2. The motion could not be granted because the evidence, viewed in the light most favorable to plaintiff, allowed a reasonable jury to return a verdict for plaintiff on the disputed notice issue.

Questions Presented

1. Whether defendant was entitled to summary judgment because plaintiff lacked evidence that defendant created or had actual or constructive notice of the allegedly dangerous shower condition.
2. Whether the evidence presented a genuine dispute of material fact concerning constructive notice under Louisiana's Merchant Liability Statute.
3. Whether the same notice analysis applied to any claim asserted under Louisiana Civil Code article 2317.1.

Disposition

other