Rodriguez v. Wal-Mart Stores, Inc.

820 So. 2d 1190, 2002 La.App. 3 Cir. 0104, 2002 La. App. LEXIS 1782, 2002 WL 1194412
CourtLouisiana Court of Appeal
DecidedJune 5, 2002
DocketNo. 02-0104
StatusPublished
Cited by4 cases

This text of 820 So. 2d 1190 (Rodriguez v. Wal-Mart Stores, Inc.) 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
Rodriguez v. Wal-Mart Stores, Inc., 820 So. 2d 1190, 2002 La.App. 3 Cir. 0104, 2002 La. App. LEXIS 1782, 2002 WL 1194412 (La. Ct. App. 2002).

Opinion

SAUNDERS, J.

This appeal arises out of a suit to recover damages for personal injuries by the Plaintiff/Appellee as a result of a slip and fall accident at the Defendant’s/Appellant’s store. The trial court ruled in favor of the Plaintiff. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

On May 23, 2001, Cathy Rodriguez filed suit in Alexandria City Court for damages she allegedly sustained due to a slip and fall accident outside of the Wal-Mart store located on North Mall Drive in Alexandria, Louisiana. Ms. Rodriguez asserted that on October 27, 2000, at approximately 7:45 a.m., she went to Wal-Mart for film that she had left there to be developed. Ms. Rodriguez parked her car near the lawn and garden center entrance and proceeded to that entrance. As she approached this entrance, ' Ms. Rodriguez encountered standing water remaining from the watering of plants earlier that morning. While attempting to cross the water, Ms. Rodriguez slipped and fell. As a result of the accident, she claims to have suffered medical expenses, pain and suffering, ?,nd lost wages.

This case was tried, on November 15, 2001, in the Alexandria City Court. Upon completion of trial, the trial court ruled in favor of the Plaintiff and awarded total damages in the amount of $10,000.00. From this judgment, the Defendant ap[1193]*1193peals and asserts the following assignments of error:

(1) The trial court erred as a matter of law by failing to clearly determine whether an “unreasonable risk of harm” existed as required by Louisiana Revised Statute 9:2800.6(B).
(2) If the trial court did determine that an “unreasonable risk of harm” existed, it erred in finding that such , existed.
(3) The trial court erred in finding that Wal-Mart did not exercise | ¿reasonable care by not warning its patrons of the presence of water on the outside brick surface in question.
(4) The trial court erred when it failed to find or consider comparative fault on- the part of the Plaintiff.

LAW AND ANALYSIS

Under the Louisiana Constitution, an appellate court is authorized to review both law and facts. La. Const. art. V, § 10(B). An appellate .court may not set aside a trial court’s findings of fact in the absence of manifest error or unless clearly wrong. Stobart v. State Through Dep’t of Transp. and Development, 617 So.2d 880 (La.1993); Rosell v. ESCO, 549 So.2d 840 (La.1989). When reviewing the' trial court’s findings of fact, the appellate court must determine not whether the trier of fact was right or wrong, but whether the factfinder’s conclusion was reasonable. Mart v. Hill, 505 So.2d 1120 (La.1987); Stobart, 617 So.2d 880; Rosell, 549 So.2d 840.

Appellant’s First Two Assignments of Error

In its first assignment of error, Wal-Mart asserts that the trial court erred in failing to determine that an unreasonable risk of harm existed. In its second assignment of error, Wal-Mart argues that, even if the trial court did determine that an unreasonable risk of harm existed, such a finding is in error. For the following reasons, we find both these assignments of error to be meritless and affirm.

Louisiana Revised Statute 9:2800.6 sets forth the burden of proof required for maintaining actions against merchants. In pertinent part, Louisiana Revised Statute 9:2800.6 provides:

B. In a negligence claim brought against a merchant by a person lawfully on the merchant’s premises for damages as a result of an injury, Ldeath, or loss sustained because of a fall due to a condition existing in or on the merchant’s premises, the claimant sháll have the burden of proving, in addition to all other elements of his cause of action, all of the following:
(1) The condition presented an unreasonable risk of harm to the claimant and that risk of harm was reasonably fore-seéable.
(2) The merchant either created or had actual or constructive notice of the condition which caused the damage, prior to the occurrence.
(3) The merchant failed to exercise reasonable care. In determining reasonable care, the absence of a written or verbal uniform cleanup or safety procedure is insufficient, alone, to prove failure to exercise reasonable care.

Thus, to prevail in a slip and fall action against a merchant due to a condition existing on the merchant’s premises, the plaintiff must prove that the condition presented an unreasonable risk of harm. The Appellant argues that, because the trial court did not clearly determine that the actions by Wal-Mart created an unreasonable risk of harm, the requirements of [1194]*1194La.R.S. 9:2800.6 were not met. However, a review of the record indicates otherwise.

We are not prepared to say that a trial court must specifically say the words “unreasonable risk of harm” in order to find that the plaintiff has met his burden under La.R.S. 9:2800.6. Although the trial court did not say “unreasonable risk of harm,” it did find that Wal-Mart created a “hazard.” As this court has already determined, “[a] premise hazard is a condition or operation of the premises that results in an unreasonable risk of harm to customers under the circumstances.” Adkinson v. Brookshire Grocery Co., Inc., 95-1021, p. 3 (La.App. 3 Cir. 1/31/96); 670 So.2d 453, writ denied, 95-0514 (La.4/08/96); 671 So.2d 339; quoting Bordelon v. Southern La. Health Care Corp., 467 So.2d 167, 169 (La.App. 3 Cir.), writ denied, 469 So.2d 989 (La.1985). Accordingly, we find that when the trial court determined |4that Wal-Mart created a “hazard,” the unreasonable risk of harm requirement in La. R.S. 9:2800.6 was satisfied.

In its second assignment of error, Wal-Mart argues that, if the trial court did determine that an unreasonable risk of harm existed, this finding was in error. Upon review, we also find no merit to this assertion.

Whether a condition presents an unreasonable risk of harm is subject to review under the manifest error standard. Reed v. Wal-Mart Stores, Inc., 97-1174 (La.3/4/98); 708 So.2d 362. Thus, we may only disturb the trial court’s conclusion upon a finding that the trial court was clearly wrong or manifestly erroneous. Id.; Stobart, 617 So.2d 880.

It is not disputed that the Plaintiff fell in a puddle of water near the entrance to the Wal-Mart store. The trial court found that the Plaintiff was attempting to enter the store, that a hazardous condition existed at the beginning of the store entrance, this hazardous condition was caused by the Defendant’s watering of its plants, and that the Plaintiff was confronted with this hazard and slipped and fell.

In reaching this conclusion, a review of the record indicates that the trial court thoroughly considered the evidence and testimony of both parties. The trial court determined that pictures taken twenty-five minutes after the accident showed an excess of water still remaining in the parking lot and that this water could only have derived from the watering of the plants.

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Bluebook (online)
820 So. 2d 1190, 2002 La.App. 3 Cir. 0104, 2002 La. App. LEXIS 1782, 2002 WL 1194412, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rodriguez-v-wal-mart-stores-inc-lactapp-2002.