Johnson v. Lowe's Home Ctrs., LLC

267 So. 3d 1198
CourtLouisiana Court of Appeal
DecidedApril 10, 2019
DocketNo. 52,602-CA
StatusPublished

This text of 267 So. 3d 1198 (Johnson v. Lowe's Home Ctrs., LLC) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Johnson v. Lowe's Home Ctrs., LLC, 267 So. 3d 1198 (La. Ct. App. 2019).

Opinion

STEPHENS, J.

Sharon Johnson, plaintiff, appeals a judgment granting a motion for summary judgment filed by Lowe's Home Centers, L.L.C. ("Lowe's") and dismissing all claims by Johnson with prejudice. For the following reasons, we affirm the trial court's judgment.

FACTS AND PROCEDURAL HISTORY

In Johnson's petition, filed on April 25, 2017, Johnson alleged that her injuries were caused by the negligence of Lowe's and/or its employee. According to Johnson, Lowe's negligence was the proximate cause of her injuries and she has suffered substantial damage as a result. The specific facts set forth here are from Johnson's petition against Lowe's.

Johnson alleged that on May 4, 2016, she purchased a spark plug for her lawn mower from a Lowe's store located in Shreveport, Louisiana. According to Johnson, she was unsure of the precise spark plug she needed for her Briggs & Stratton Poulan Pro 450 lawn mower, so she asked a Lowe's sale associate for assistance. Johnson claimed that the associate researched the spark plug she needed for her mower, which she purchased; afterward, Johnson returned home and installed the part. Upon attempting to start her mower, Johnson claimed she pulled the cord with her right hand/arm, and the cable "jerked violently." The crank handle struck Johnson "violently" on her left arm, near the middle of the inside of her forearm. As a result, Johnson contended she experienced pain which "shot up [her] back into her neck and radiated down the right side of her body." When Johnson went to bed that night, her hands went numb, something she had never experienced before. Johnson claimed she went to her physician for the hand numbness, who advised "the injury made her preexisting and intermittent carpal tunnel syndrome systematic."

*1200Lowe's answered Johnson's petition, denying all allegations made therein, and responded with several defenses, including the defense that Johnson's injuries were caused by her own negligence.

Ultimately, Lowe's filed a motion for summary judgment and attached, in support, excerpts from Johnson's deposition transcript and the affidavit of Stephen Cook, the equipment mechanic retained by Johnson. In its motion, Lowe's maintained that Johnson had failed to produce any evidence to establish Lowe's liability in this case, and there were no genuine issues of material fact. Specifically, Lowe's argued that since Johnson could not prove an essential element in the duty/risk analysis (i.e. , cause-in-fact), Lowe's was entitled to summary judgment.

After a hearing on the matter, the trial court granted Lowe's motion for summary judgment. This appeal by Johnson ensued.

DISCUSSION

On appeal, Johnson appears in proper person and contends, "MY STATEMENT OF THE CASE IS THERE ARE A LOT OF ERRORS!"1 She emphasizes that a genuine issue of material fact exists as to whether Lowe's sold her the incorrect spark plug which may have subsequently been the cause of her injury. Lowe's responds that Johnson has presented no evidence to support her burden of proof-she offered no proof that her alleged injuries were caused by any alleged negligence by Lowe's. Therefore, Lowe's submits that the entire record reflects there are no genuine issues as to material fact, and it was entitled to judgment as a matter of law. As pointed out by Lowe's, under Louisiana's duty-risk analysis, Johnson would have the burden of proving five essential elements: duty, breach, cause-in-fact, legal cause, and damages. Lowe's claims that Johnson fails to prove that its action was cause-in-fact of her alleged damages. We agree.

Appellate courts review motions for summary judgment de novo , using the same criteria that govern the trial court's consideration of whether summary judgment is appropriate. Peironnet v. Matador Res. Co. , 2012-2292 (La. 6/28/13), 144 So.3d 791 ; Bank of Am., N.A. v. Green , 52,044 (La. App. 2 Cir. 5/23/18), 249 So.3d 219.

A motion for summary judgment is a procedural device used when there is no genuine issue of material fact for all or part of the relief prayed for by a litigant. Bank of New York Mellon v. Smith , 2015-0530 (La. 10/14/15), 180 So.3d 1238. Summary judgment procedure is favored and is designed to secure the just, speedy, and inexpensive determination of actions. La. C.C.P. art. 966(A)(2).

A motion for summary judgment shall be granted if the motion, memorandum, and supporting documents show that there is no genuine issue as to material fact and that the mover is entitled to judgment as a matter of law. La. C.C.P. art. 966(A)(3).

As stated in La. C.C.P. art. 966(D)(1) :

The burden of proof rests with the mover. Nevertheless, if the mover will not bear the burden of proof at trial on the issue that is before the court on the motion for summary judgment, the mover's burden on the motion does not require him to negate all essential elements of the adverse party's claim, action, or defense, but rather to point out to the court the absence of factual support for one or more elements essential to the adverse party's claim, action, or defense. The burden is on the adverse party to produce factual support sufficient to establish the existence of a genuine *1201issue of material fact or that the mover is not entitled to judgment as a matter of law.

Liability for negligence is determined by applying the duty/risk analysis. Bufkin v. Felipe's La., LLC , 2014-0288 (La. 10/15/14), 171 So.3d 851 ; James v. Eldorado Casino Shreveport Joint Venture , 51,707 (La. App. 2 Cir. 11/15/17), 245 So.3d 264, writ denied , 2017-2091 (La. 2/9/18), 236 So.3d 1266. The plaintiff must prove the defendant's conduct was the cause-in-fact of his harm, the defendant owed a duty of care, the defendant breached the duty, and the risk of harm was within the scope of protection afforded by the duty breached. Bufkin, supra ; James, supra. Under a duty/risk analysis, all four inquiries must be affirmatively answered for plaintiff to recover. James, supra at 268.

Here, the summary judgment evidence, viewed de novo , does not establish, as a matter of law, that Lowe's conduct was the cause-in-fact of Johnson's alleged injury.

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Related

Roy Bufkin, Jr. v. Felipe's Louisiana, LLC
171 So. 3d 851 (Supreme Court of Louisiana, 2014)
The Bank of New York Mellon v. Whitney Blaine Smith, Et Ux.
180 So. 3d 1238 (Supreme Court of Louisiana, 2015)
Peironnet v. Matador Resources Co.
144 So. 3d 791 (Supreme Court of Louisiana, 2013)
Scott v. City of Shreveport
169 So. 3d 770 (Louisiana Court of Appeal, 2015)
Slade v. State ex rel. University of Louisiana at Monroe
79 So. 3d 463 (Louisiana Court of Appeal, 2011)
Church v. Shrell
8 So. 3d 70 (Louisiana Court of Appeal, 2009)
James v. Eldorado Casino Shreveport Joint Venture
245 So. 3d 264 (Louisiana Court of Appeal, 2017)
Bank of Am., N.A. v. Green
249 So. 3d 219 (Louisiana Court of Appeal, 2018)

Cite This Page — Counsel Stack

Bluebook (online)
267 So. 3d 1198, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-lowes-home-ctrs-llc-lactapp-2019.