WOODS v. WINN DIXIE MONTGOMERY USA (2018)

ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, FIFTH CIRCUIT, PARISH OF ST. CHARLES

Denied.

In 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.

CRICHTON, J., would grant and docket and assigns reasons.