Henrietta Scott v. Shopper's Value Food Store, f/k/a Piggly Wiggly Food Store and XYZ Insurance Company

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

HENRIETTA SCOTT NO. 2019 CW 0234

VERSUS

SHOPPER' S VALUE FOOD STORE,
F/ K/ A PIGGLY WIGGLY FOOD
AUG 2 2 2019
STORE AND XYZ INSURANCE
COMPANY

In Re: Shopper' s Value Food Store, f/ k/ a Piggly Wiggly Food
Store, XYZ Insurance Company and J - H - J, Inc., applying
for supervisory writs, 19th Judicial District Court,
Parish of East Baton Rouge, No. 651795.

BEFORE: WELCH, CHUTZ, AND PENZATO, JJ.

WRIT GRANTED. The February 19, 2019 judgment of the
district court
denying the motion for summary judgment filed by
defendants, Shopper' s Value Food Store, F/ K/ A Piggly Wiggly Food
Store, XYZ Insurance Company, and J - H - J, Inc., is reversed.

Plaintiff, Henrietta Scott, failed to produce factual support

sufficient to establish a genuine issue of material fact that:
1) a foreseeable and unreasonable risk of harm was present, ( 2)
there was actual or constructive knowledge of said unreasonable

risk, and ( 3) there was a failure to exercise reasonable care by
defendants, all of which are necessary elements of her claim.

Therefore, defendants are entitled to judgment. See La. Code
Civ. P. art. 966( D)( 1); La. R. S. 9: 2800. 6. The motion for

summary judgment filed by defendants is granted, and plaintiff' s

claims are dismissed.

JEW
WRC
AEP

COURT OF APPEAL, FIRST CIRCUIT

DEPU Y CLERK OF COURT
FOR THE COURT