Arlette Thomas v. Wal-Mart Louisiana, LLC

Summary

The United States District Court for the Western District of Louisiana granted Wal-Mart Louisiana, LLC’s motion for summary judgment in a slip-and-fall action brought under the Louisiana Merchant Liability Act. The court held that the plaintiff presented no evidence that Walmart created the hazardous condition or had actual or constructive notice of it before the accident.

Holdings

1. A court may not grant summary judgment merely because the motion is unopposed; it must review the record and determine whether the movant has shown entitlement to judgment as a matter of law and the absence of a genuine dispute of material fact.
2. Wal-Mart was entitled to summary judgment because Thomas presented no evidence that Wal-Mart created the hazardous condition or had actual or constructive notice of it before the accident.

Questions Presented

1. Whether Wal-Mart was entitled to summary judgment on Thomas's Louisiana Merchant Liability Act claim because the record contained no evidence that Wal-Mart created or had actual or constructive notice of the hazardous condition before the accident.
2. Whether the court could grant summary judgment despite Thomas's failure to oppose the motion.

Disposition

other