Duncan v. Wal-Mart Louisiana, LLC, No. 16-31223 (5th Cir. 2017)
Annotate this CaseThe 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.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.