Haley v. Wal-Mart Stores, Inc.

Supreme Court of Louisiana

Haley v. Wal-Mart Stores, Inc.

71 So. 3d 268, 2011 La. LEXIS 2273, 2011 WL 4644904

Supreme Court of Louisiana·Decided September 30, 2011·No. No. 2011-CC-1091·Published

Opinion

In re Wal-Mart Stores Inc.; — Defendant; Applying For Supervisory and/or Remedial Writs, Parish of Livingston, 21st Judicial District Court Div. E, No. 127,457; to the Court of Appeal, First Circuit, No. 2011 CW 0277.

Writ granted. There are no disputed issues of material fact and plaintiff failed to establish that he will be able to satisfy his evidentiary burden of proof at trial. Therefore, defendant is entitled to judgment as a matter of law; accordingly, the judgment of the District Court is reversed. The motion for summary judgment filed by Wal-Mart Stores, Inc. is hereby granted. Plaintiffs case is hereby dismissed with prejudice.

JOHNSON, J., dissents.

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In re Wal-Mart Stores Inc.; — Defendant; Applying For Supervisory and/or Remedial Writs, Parish of Livingston, 21st Judicial District Court Div. E, No. 127,457; to the Court of Appeal, First Circuit, No. 2011 CW 0277.

Writ granted. There are no disputed issues of material fact and plaintiff failed to establish that he will be able to satisfy his evidentiary burden of proof at trial. Therefore, defendant is entitled to judgment as a matter of law; accordingly, the judgment of the District Court is reversed. The motion for summary judgment filed by Wal-Mart Stores, Inc. is hereby granted. Plaintiffs case is hereby dismissed with prejudice.

JOHNSON, J., dissents.

Haley v. Wal-Mart Stores, Inc., 71 So. 3d 268, 2011 La. LEXIS 2273, 2011 WL 4644904 (La. 2011).

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