Opinion
NO. 2017 CW 0969
07-27-2018
BELINDA MOORE v. ROUSE'S ENTERPRISES, L.L.C. D/B/A ROUSE'S SUPERMARKETS AND ABC INSURANCE COMPANY
In Re: Rouse's Enterprises, LLC, applying for supervisory writs, 17th Judicial District Court, Parish of Lafourche, No. 124426. BEFORE: GUIDRY, PETTIGREW AND CRAIN, JJ.
WRIT GRANTED. In this falling merchandise case, Rouse's Enterprises, LLC moved for summary judgment and pointed out an absence of factual support for an essential element of plaintiff, Belinda Moore's, claim, namely that a Rouse's employee or another customer placed the merchandise in an unsafe position on the shelf or otherwise caused the merchandise to be in such a precarious position that it fell. See La. R.S. 9:2800.6; La. Code Civ. Pro. art. 966(D)(1); Davis v. Wal-Mart Stores, Inc., 2000-0445 (La. 11/28/00), 774 So.2d 84, 90. Ms. Moore then failed to produce factual support sufficient to establish the existence of a genuine issue of material fact or that Rouse's is not entitled to judgment as a matter of law. See La. Code Civ. Pro. art. 966(D); Hughes v. Home Depot U.S.A., Inc., 2015-0970 (La. App. 1st Cir. 12/23/15), 2015 WL 9466870. The trial court erred in denying Rouse's Enterprises, LLC's motion. The January 31, 2017 judgment denying the motion for summary judgment is reversed and summary judgment is granted in favor of Rouse's Enterprises, LLC, dismissing Ms. Moore's claims with prejudice. Costs are assessed to Belinda Moore.
WJC
JMG
Pettigrew, J., concurs. I concur with the result even though I have concerns with the manner in which Louisiana courts are applying La. R.S. 9:2800.6 in a summary judgment setting. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT