Opinion
NO. 2018 CW 0459
09-12-2018
AUGUSTINE M. JACKSON v. BOCAGE SUPERMARKET, LLC D/B/A CALVIN'S BOCAGE SUPERMARKET, STICE-HILL HOLDING, LLC, LIBERTY MUTUAL INSURANCE, CO.
In Re: Bocage Supermarket, LLC d/b/a Calvin's Bocage Supermarket, Stice-Hill Holding, LLC, and Liberty Mutual Insurance, Co., applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 646305. BEFORE: THERIOT, CHUTZ, AND PENZATO, JJ.
WRIT GRANTED. The judgment of the district court dated April 3, 2018, denying the defendants', Bocage Supermarket, LLC d/b/a Calvin's Bocage Supermarket, Stice-Hill Holding, LLC, and Liberty Mutual Insurance, Co., motion for summary judgment is reversed. Plaintiff, Augustine M. Jackson, has failed to produce factual support sufficient to establish she will be able to satisfy her evidentiary burden of proof at trial that an unreasonable risk of harm was present and there was actual or constructive knowledge of said unreasonable risk by defendants, both of which are necessary elements of her claim. Therefore, there is no genuine issue of material fact, and the defendants are entitled to judgment as a matter of law. See La. Code Civ. P. art. 966(D)(1); La. Civ. Code art. 2317.1. The motion for summary judgment filed by defendants, Bocage Supermarket, LLC d/b/a Calvin's Bocage Supermarket, Stice-Hill Holding, LLC, and Liberty Mutual Insurance, Co., is granted, and plaintiff's claims are dismissed.
WRC
AHP
MRT
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT