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MELTON v. SMITH

No. 41,456-CA.

940 So.2d 89 (2006)

Debora MELTON o/b/o Cody Melton, Plaintiffs-Appellants v. Michael SMITH, Lisa Smith, and Hollywood Gateway, Defendants-Appellees.

Court of Appeal of Louisiana, Second Circuit.

September 20, 2006.

Attorney(s) appearing for the Case

Flournoy & Doggett by George A. Flournoy, Alexandria, for Appellants.

Mayer, Smith & Roberts, L.L.P. by Kim Purdy Thomas, Shreveport, Tara Johnston, for Appellees.

Before BROWN, CARAWAY and MOORE, JJ.

CARAWAY, J.

In this slip and fall case, the plaintiff was unsuccessful in convincing the trial court that the puddle of water on the merchant's floor resulted from a leaky roof on a rainy day. The trial court then found that the plaintiff failed to meet her burden of proof under La. R.S. 9:2800.6 in showing that the merchant had constructive notice of a spill. Finding no manifest error in the trial court's ruling, we affirm...

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