Louisiana Law blog
McCarty v. Hillstone Restaurant Group, Inc.
Opinion Date: July 18, 2017
Judge: James Earl Graves, Jr.
Areas of Law: Personal Injury
Plaintiffs, Pamela and Nick McCarty, filed suit against Hillstone, alleging a premises liability claim after Pamela slipped and fell at one of defendant's restaurants. The Fifth Circuit affirmed the district court's grant of summary judgment dismissal and held that plaintiffs failed to identify evidence from which a jury could, under any of the three methods of proof outlined in Wal-Mart Stores, Inc. v. Reece, 81 S.W.3d 12, 814–15 (Tex. 2002), conclude that Hillstone had actual or constructive knowledge of the restaurant floor's allegedly dangerous condition.
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