Cited by
Opinions in Louisiana that cite Gonzales v. Winn-Dixie Louisiana, Inc., 326 So. 2d 486.
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Holden v. STATE UNIV. MED. CENTER
690 So. 2d 958
La. Ct. App. 2d Cir. 1997
Beginning with Kavlich , as further explained in Gonzales v. Winn-Dixie Louisiana, Inc., the Supreme Court required the defendant storekeeper to exculpate itself from a presumption of negligence imposed merely by the plaintiff's showing that the fall occurred because of a foreign substance on the floor.
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Filasek v. Doctor's Hospital of Jefferson
673 So. 2d 1263
La. Ct. App. 1st Cir. 1996
Gonzales v. Winn-Dixie Louisiana, Inc.
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Lachico v. First National Bank Shares, Inc.
673 So. 2d 305
La. Ct. App. 1st Cir. 1996
Part of the rationale for imposing such a high degree of care on store merchants, as stated by the supreme court in Gonzales v. Winn-Dixie Louisiana, Inc., is as follows: [T]he self-service grocery system requires customers to focus their attention on the shelves and to handle merchandise.
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Boutte v. Winn-Dixie Louisiana, Inc.
674 So. 2d 299
La. Ct. App. 3d Cir. 1996
See also Gonzales v. Winn-Dixie Louisiana, Inc., Kinchen v. J.C.
- Welch v. Winn-Dixie Louisiana, Inc. 655 So. 2d 309 La. 1995
- Welch v. Winn-Dixie Louisiana, Inc. 645 So. 2d 647 La. Ct. App. 1st Cir. 1994
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Breaux v. Wal-Mart Stores, Inc.
635 So. 2d 667
La. Ct. App. 3d Cir. 1994
App. 1st Cir.1993); Gonzales v. Winn-Dixie Louisiana, Inc., Ritchie v. S.S.
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Inzerella v. Wal-Mart Stores, Inc.
640 So. 2d 329
La. Ct. App. 1st Cir. 1994
Reasonable protective measures including periodic inspections must be taken to keep the aisles and floors free from substances or objects that may cause customers to fall.” Castille, supra; see, Gonzales v. Winn-Dixie, Inc.
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Braud v. Great Atlantic & Pacific Tea Co., Inc.
618 So. 2d 1069
La. Ct. App. 1st Cir. 1993
Gonzales v. Winn-Dixie Louisiana, Inc., (La.
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Johnson v. Wal-Mart Stores, Inc.
616 So. 2d 817
La. Ct. App. 2d Cir. 1993
Gonzales v. Winn-Dixie Louisiana, Inc., Hall, supra ; Castille v. Great Atlantic & Pacific Tea Company, (La.App.
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Castille v. Great Atlantic & Pacific Tea
591 So. 2d 1299
La. Ct. App. 3d Cir. 1991
Gonzales v. Winn-Dixie, Inc.
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Marshall v. a & P Food Co. of Tallulah
587 So. 2d 103
La. Ct. App. 2d Cir. 1991
Gonzales v. Winn Dixie Louisiana, Inc.
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Stockwell v. Great Atlantic & Pacific
583 So. 2d 1186
La. Ct. App. 1st Cir. 1991
Gonzales v. Winn-Dixie Louisiana, Inc., Saucier v. Winn-Dixie Louisiana, Incorporated, (La.App.
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Hall v. Petro of Texas, Inc.
580 So. 2d 420
La. Ct. App. 2d Cir. 1991
Gonzales v. Winn-Dixie Louisiana, Inc., Ritchie v. S.S.
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Smith v. Winn-Dixie Louisiana, Inc.
574 So. 2d 514
La. Ct. App. 3d Cir. 1991
See Gonzales v. Winn-Dixie Louisiana, Inc., (La.
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Eugene v. Wal-Mart Stores, Inc.
570 So. 2d 216
La. Ct. App. 5th Cir. 1990
Gonzales v. Winn-Dixie Louisiana, Inc.
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Boudreaux v. Melville Corp.
562 So. 2d 1195
La. Ct. App. 1st Cir. 1990
art. 2315, which provides as follows: “Every act whatever of man that causes damage to another obliges him by whose fault it happened to repair it.” Gonzales v. Winn-Dixie Louisiana, Inc.
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Jones v. City of New Orleans
559 So. 2d 28
La. Ct. App. 4th Cir. 1990
Gonzales v. Winn Dixie Louisiana, Inc.
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Estes v. Kroger Co.
556 So. 2d 240
La. Ct. App. 2d Cir. 1990
Gonzales v. Winn-Dixie of Louisiana, Inc.
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Bordelon v. Wendy's of New Orleans
553 So. 2d 922
La. Ct. App. 4th Cir. 1989
Gonzales v. Winn Dixie Louisiana, Inc., (La.
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Cascio v. Continental Casualty Co.
547 So. 2d 743
La. Ct. App. 1st Cir. 1989
The duty of care required of store owners for the protection of their customers, in cases such as this, is set forth in Gonzales v. Winn Dixie Louisiana, Inc., at 488 (La., 1976): The duty of a store owner to protect his customers from foreign substances on the floor is one of reasonable care under the circumstances.
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Lewis v. Wal-Mart Stores, Inc.
546 So. 2d 267
La. Ct. App. 3d Cir. 1989
Gonzales v. Winn-Dixie Louisiana, Inc., Miller v. Winn-Dixie Stores, Inc., supra .
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Kelley v. Great Atlantic & Pacific Tea Co.
545 So. 2d 1099
La. Ct. App. 5th Cir. 1989
As explained by the Louisiana Supreme Court in Gonzales v. Winn-Dixie Louisiana, Inc., at 488: The action is based on Article 2315 of the Louisiana Civil Code.
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Pool v. Missouri Pacific RR Co.
541 So. 2d 969
La. Ct. App. 2d Cir. 1989
Gonzales v. Winn-Dixie Louisiana, Inc.
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Doming v. K-Mart Corp.
540 So. 2d 400
La. Ct. App. 1st Cir. 1989
Gonzales v. Winn-Dixie Louisiana, Inc., Saucier v. Winn-Dixie Louisiana, Incorporated, (La.App.
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Broomfield v. Schwegmann Giant Super Markets, Inc.
537 So. 2d 396
La. Ct. App. 1st Cir. 1988
Gonzales v. Winn-Dixie Louisiana, Inc., Hanzo v. Travelers Ins.
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Brown v. Schwegmann Giant Supermarkets, Inc.
535 So. 2d 1307
La. Ct. App. 5th Cir. 1988
and Gonzales v. Winn-Dixie Louisiana, Inc., a slip and fall victim whose fall was caused by a foreign substance on a supermarket floor could recover only by proving that the store operator or his employee caused the hazard, or that the operator had actual or constructive knowledge of the hazard and failed to take reasonable steps to remedy the condit
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Mulkey v. Tubb
535 So. 2d 1294
La. Ct. App. 5th Cir. 1988
Gonzales v. Winn-Dixie Louisiana, Inc.
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Brown v. Schwegmann's Giant Supermarkets, Inc.
534 So. 2d 1344
La. Ct. App. 1st Cir. 1988
Gonzales v. Winn-Dixie Louisiana, Inc., Dickerson v. Kroger, Inc., (La.App.
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Ardoin v. Dixieland Foods, Inc.
534 So. 2d 107
La. Ct. App. 1st Cir. 1988
Gonzales v. Winn-Dixie Louisiana, Inc.
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Diaz v. Schwegmann Giant Supermarkets, Inc.
533 So. 2d 1034
La. Ct. App. 4th Cir. 1988
3rd Cir.1986); Gonzales v. Winn-Dixie Louisiana, Inc.
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Holden v. Winn-Dixie Louisiana, Inc.
532 So. 2d 532
La. Ct. App. 1st Cir. 1988
The slip and fall cases, Brown v. Winn-Dixie Louisiana, Inc., Gonzales v. Winn-Dixie Louisiana, Inc., and Kavlich, v. Kramer, as well as the protruding object cases, (La.App.
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Dickson v. Wal-Mart Stores, Inc.
535 So. 2d 800
La. Ct. App. 2d Cir. 1988
Gonzales v. Winn-Dixie Louisiana, Inc.
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Pfiffner v. Touro Infirmary
529 So. 2d 102
La. Ct. App. 1st Cir. 1988
Gonzales v. Winn-Dixie Louisiana, Inc., Rollings v. Winn-Dixie Louisiana, Inc., (La.
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Miller v. Winn-Dixie Stores, Inc.
527 So. 2d 989
La. Ct. App. 3d Cir. 1988
The Court in Gonzales v. Winn-Dixie Louisiana, Inc., held that among the factors a trier of fact should consider in determining the reasonableness of a store owner's protective measures are: (1) the type and volume of merchandise; (2) the type of display; (3) the floor space utilized for customer service; (4) the nature of customer service; and (5) the volume
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Smith v. State Through Dept. HHR
523 So. 2d 815
La. 1988
Gonzales v. Winn-Dixie Louisiana, Inc.
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Raymond v. Safeway Stores, Inc.
522 So. 2d 1350
La. Ct. App. 2d Cir. 1988
a tort victim injured by a fall caused by a foreign substance on a supermarket floor could recover only by proving that the store operator or his employee caused the hazard, or that the operator had actual or constructive knowledge of the hazard and failed to take reasonable steps to remedy the condition.
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Webster v. Terrebonne Parish Council
515 So. 2d 461
La. Ct. App. 1st Cir. 1987
Part of the rationale for imposing such a high degree of care for the latter group was stated by our Supreme Court in Gonzales v. Winn-Dixie Louisiana, Inc., at p. 488: [T]he self-service grocery system requires customers to focus their attention on the shelves and to handle merchandise.
- Sellers v. Caddo Parish Com'n 503 So. 2d 1073 La. Ct. App. 2d Cir. 1987
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Bonnette v. K-Mart, Inc.
502 So. 2d 202
La. Ct. App. 3d Cir. 1987
Gonzales v. Winn-Dixie Louisiana, Inc., Arch v. The Great Atlantic and Pacific Tea Co., Inc., (La.App.
- Walden v. PAT GOINS BENTON RD. BEAUTY SCHOOL 501 So. 2d 1014 La. Ct. App. 2d Cir. 1987
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Nettles v. Winn-Dixie Louisiana, Inc.
496 So. 2d 1296
La. Ct. App. 3d Cir. 1986
Gonzales v. Winn-Dixie Louisiana, Inc., (La.
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Saucier v. Winn-Dixie Louisiana, Inc.
499 So. 2d 1033
La. Ct. App. 3d Cir. 1986
Gonzales v. Winn-Dixie Louisiana, Inc., (La.
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McCargar v. Babin Motors, Inc.
499 So. 2d 1081
La. Ct. App. 3d Cir. 1986
The jury was instructed to apply the slip and fall negligence standard as set forth by the *1083 and Gonzales v. Winn-Dixie Louisiana, Inc., (La.
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Davis v. Winningham Datsun-Volvo, Inc.
493 So. 2d 719
La. Ct. App. 2d Cir. 1986
Gonzales v. Winn-Dixie Louisiana, Inc., Brown v. Winn-Dixie Louisiana, Inc., Taylor v. Kroger Co., Inc., (La.
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Lambert v. Winn-Dixie Louisiana, Inc.
490 So. 2d 804
La. Ct. App. 1st Cir. 1986
* * * ⅜ * * Upon proof of such facts, we recently held in Kavlich v. Kramer, supra, that the duty of going forward with the evi *806 dence to exculpate the store employees from negligence shifts to the store owner.” Gonzales v. Winn-Dixie Louisiana, Inc., , at page 488 (La.1976).
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Batiste v. Joyce's Supermarket
488 So. 2d 1318
La. Ct. App. 3d Cir. 1986
685 (La.1984); Gonzales v. Winn-Dixie Louisiana, Inc., (La.
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Riley v. Winn-Dixie Louisiana, Inc.
489 So. 2d 931
La. Ct. App. 5th Cir. 1986
1975) and Gonzales v. Winn-Dixie Louisiana, Inc., the injured victim could recover from the store operator only by proving the store operator or his employee caused the hazard and failed to take reasonable steps to remove the hazard.
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Sierra v. Schwegmann Giant Supermarkets, Inc.
487 So. 2d 151
La. Ct. App. 1st Cir. 1986
The duty of care required of store owners for the protection of their customers in such cases as this is set forth in Gonzales v. Winn Dixie Louisiana, Inc. at 488 (La.1976).
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Lee v. K-Mart Corp.
483 So. 2d 609
La. Ct. App. 1st Cir. 1985
Gonzales v. Winn-Dixie Louisiana, Inc., wherein the following appears: The circumstances that determine the reasonableness of protective measures include the type and volume of merchandise, the type of display, the floor space utilized for customer service, the nature of customer service, and the volume of business.