WHITE v. WAL-MART STORES, INC.

No. 97-C-0393.

699 So.2d 1081 (1997)

Diane M. WHITE v. WAL-MART STORES, INC.

Supreme Court of Louisiana.

Rehearing Denied October 10, 1997.


Attorney(s) appearing for the Case

Frederick R. Campbell, Geoffrey J. Orr, Campbell, McGranie, Sistruck, Anzelmo & Hardy, Metairie, for Applicant.

Colin D. Sherman, New Orleans, for Respondent.

Elizabeth S. Cordes, Robert E. Peyton, New Orleans, for Amicus Curiae Louisiana Association of Defense Counsel.


TRAYLOR, Justice.

We granted writs in this case to readdress the question of constructive notice under La. R.S. 9:2800.6 (1991). Because the statute is clear and unambiguous and contains no provision for shifting the burden to the defendant to prove his lack of culpability, we find that it is the plaintiff's burden to prove each element of her cause of action under La. R.S. 9:2800.6(B) (1991). Furthermore, because constructive notice is plainly defined to include...

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