BROUSSARD v. RETAIL INVESTORS OF TEX., LTD.

No. 13-414.

123 So.3d 912 (2013)

Melissa BROUSSARD, et al. v. RETAIL INVESTORS OF TEXAS, LTD., et al.

Court of Appeal of Louisiana, Third Circuit.

October 9, 2013.


Attorney(s) appearing for the Case

James R. Morris , Attorney at Law, Lake Charles, LA, for plaintiff/appellant: Melissa Broussard, Jessica Broussard and Ricky B. Broussard.

Christopher P. Ieyoub , Plauche, Smith & Nieset, L.L.C., Lake Charles, LA, for defendant/appellee: New Hampshire Insurance Company, Retail Investors of Texas, LTD d/b/a Market Basket Food Stores, Inc. and Jessica Austin.

Court composed of JOHN D. SAUNDERS, JIMMIE C. PETERS, and JOHN E. CONERY, Judges.


SAUNDERS, Judge.

This is a trip and fall case in which a grocery store patron fell near an employee who was using a work cart to clean shelves. The patron sustained injuries from her fall, and she and her family filed suit against the grocery store. Defendants filed a motion for summary judgment alleging that the danger was open and obvious and that plaintiffs cannot support the cause-in-fact element of their claim. The trial court granted the motion. The plaintiffs...

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