July 15th, 2017

​US Court of Appeals for the Fifth Circuit Opinions
Duncan v. Wal-Mart Louisiana, LLC

Docket: 16-31223
Opinion Date: July 14, 2017
Judge: Stephen Andrew Higginson
Areas of Law: Personal Injury

The Fifth Circuit affirmed the district court's grant of summary judgment to Wal-Mart on plaintiffs' negligence claims under Louisiana's merchant liability statute. Plaintiff Duncan slipped on a mat in front of a Reddy Ice freezer and fell forward onto the ground. The next day she had a still birth. Duncan and the child's father filed suit for wrongful death of their unborn child. The court held that plaintiffs failed to present any "positive evidence" that Wal-Mart created or had actual or constructive notice of the condition which caused the damage, as La. Stat. 9:2800.6(B)(2) requires, and therefore they cannot maintain their merchant liability claim.