BISHOP v. JACK ECKERD CORP.

No. 93-CA-1043.

638 So.2d 280 (1994)

Pamela Marie BISHOP v. JACK ECKERD CORPORATION d/b/a and Eckerd Drug.

Court of Appeal of Louisiana, Fifth Circuit.

Writ Denied September 16, 1994.


Attorney(s) appearing for the Case

Kendra Lanata Van Dalen, Raymond C. Burkart, Jr., New Orleans, for plaintiff-appellant.

Michael R. Zsembik, Sophia G. Pappas, Law Offices of James J. Morse, New Orleans, for defendants-appellees.

Before GAUDIN, GRISBAUM and DUFRESNE, JJ.


GRISBAUM, Judge.

This appeal concerns a jury verdict finding defendant (merchant) not negligent in a slip and fall incident. We affirm.

ISSUE

We are called upon to determine whether the "shifting of the burden" provision in La. R.S. 9:2800.6 was triggered from the factual scenario presented, thereby causing the jury's finding of no negligence on the part of the merchant to be "clearly wrong."

BASIC FACTS AND PROCEDURAL HISTORY...

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