BARRIOS v. WAL-MART STORES, INC.

No. 2000 CA 2138.

804 So.2d 905 (2001)

Ramona BARRIOS v. WAL-MART STORES, INC.

Court of Appeal of Louisiana, First Circuit.

December 28, 2001.


Attorney(s) appearing for the Case

Harry E. Forst, New Orleans, LA, Attorney for Plaintiff-Appellant, Ramona Barrios

Roy C. Beard, Geoffrey J. Orr, Metairie, LA, Attorney for Defendant-Appellee Wal-Mart Stores, Inc.

BEFORE: WHIPPLE, FOGG, and GUIDRY, JJ.


FOGG, J.

In this action for negligence against a merchant, the plaintiff appeals the grant of summary judgment in favor of the merchant upon the finding that the plaintiff could not prove the mandatory temporal element of her cause of action under LSA-R.S. 9:2800.6. For the following reasons, we reverse.

On April 3, 1995, Ramona Barrios and her daughter-in-law, Tanya Barrios, went to Wal-Mart in Slidell, Louisiana, to pick up a lay-a-way purchase. After completing...

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