Delores Thibodeaux v. Pinnacle Entertainment, Inc. d/b/a L'Auberge Casino & Hotel Baton Rouge

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

DELORES THIBODEAUX NO. 2019 CW 1317

VERSUS

PINNACLE ENTERTAINMENT, INC.

D/ B/ A L' AUBERGE CASINO & JAN 0 6 2020
HOTEL BATON ROUGE

In Re: Pinnacle Entertainment, Inc. d/ b/ a L' Auberge Casino &

Hotel Baton Rouge, applying for supervisory writs,

19th Judicial District Court, Parish of East Baton

Rouge, No. 667510.

BEFORE: McDONALD, THERIOT, AND CHUTZ, JJ.

WRIT GRANTED. The trial court' s July 30, 2019 judgment,
which denied the motion for summary judgment filed by the

defendant, Pinnacle Entertainment d/ b/ a L' Auberge Casino &

Hotel, is reversed. We find the valet cone and base were an

open and obvious hazard. See Rodriguez v. Dolgencorp, LLC,

2014-- 1725 ( La. 11/ 14/ 14), 152 So. 3d 871, 872 ( per curiam). The

plaintiff, Delores Thibodeaux, failed to produce factual support

sufficient to establish the existence of a genuine issue of

material fact precluding summary judgment. Accordingly, the
motion for summary judgment filed by the defendant, Pinnacle
Entertainment d/ b/ a L' Auberge Casino & Hotel, is granted, and

the plaintiff' s claims against the defendant, Pinnacle
Entertainment d/ b/ a L' Auberge Casino & Hotel, are dismissed with
prejudice.

JMM
MRT
WRC

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLEK OF COURT
FOR THE COURT