Opinion
No. 18-17017
04-22-2019
GUADALUPE LYN, Plaintiff-Appellant, v. OUTBACK STEAKHOUSE OF FLORIDA, LLC, Defendant-Appellee.
NOT FOR PUBLICATION
D.C. No. 2:17-cv-00614-GMN-NJK MEMORANDUM Appeal from the United States District Court for the District of Nevada
Gloria M. Navarro, District Judge, Presiding Before: McKEOWN, BYBEE, and OWENS, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Guadalupe Lyn appeals from the district court's summary judgment in her diversity action alleging a negligence claim under Nevada law. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Braunling v. Countrywide Home Loans Inc., 220 F.3d 1154, 1156 (9th Cir. 2000). We affirm.
The district court properly granted summary judgment because Lyn failed to raise a genuine dispute of material fact as to whether defendant caused the foreign substance to be on the floor, or whether defendant had actual or constructive notice of a hazardous condition and failed to remedy it. See Sprague v. Lucky Stores, Inc., 849 P.2d 320, 322-23 (Nev. 1993) (setting forth requirements for premises liability under a negligence theory); see also Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249-50 (1986) ("If the [nonmoving party's] evidence is merely colorable, or is not significantly probative, summary judgment may be granted." (internal citations omitted)).
AFFIRMED.