Woods v. Winn-Dixie Montgomery, L.L.C.

Supreme Court of Louisiana

Woods v. Winn-Dixie Montgomery, L.L.C.

255 So. 3d 567

CourtSupreme Court of Louisiana

DecidedOctober 29, 2018

DocketNo. 2018-C-1263

StatusPublished

Cited by2 cases

This text of 255 So. 3d 567 (Woods v. Winn-Dixie Montgomery, L.L.C.) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Woods v. Winn-Dixie Montgomery, L.L.C., 255 So. 3d 567 (La. 2018).

Pincite

Opinion

*568In this trip and fall case, the underlying issue is whether two cases of drinks left in the beverage aisle of a grocery store by a distributor created an unreasonable risk of harm, leading to a finding of liability as found by the trial court here, or whether it was an open and obvious condition, which would lead to an opposite result. I would grant and docket the defendant's application in this matter to explore whether the trial court erred in delivering what the court of appeal deemed to be a "compressed" jury instruction regarding the factors used to determine whether a condition is open and obvious. See Broussard v. State, through Office of State Bldgs., Div. of Admin. , 12-1238 (La. 4/5/13), 113 So.3d 175, 184.

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*568In this trip and fall case, the underlying issue is whether two cases of drinks left in the beverage aisle of a grocery store by a distributor created an unreasonable risk of harm, leading to a finding of liability as found by the trial court here, or whether it was an open and obvious condition, which would lead to an opposite result. I would grant and docket the defendant's application in this matter to explore whether the trial court erred in delivering what the court of appeal deemed to be a "compressed" jury instruction regarding the factors used to determine whether a condition is open and obvious. See Broussard v. State, through Office of State Bldgs., Div. of Admin. , 12-1238 (La. 4/5/13), 113 So.3d 175, 184.

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Bluebook (online)

255 So. 3d 567, Counsel Stack Legal Research, https://law.counselstack.com/opinion/woods-v-winn-dixie-montgomery-llc-la-2018.

Opinion

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