ANNA PISTORIUS v. HIGBEE LOUISIANA LLC DILLARD (2023)

I would grant the writ application of Higbee Louisiana, LLC, d/b/a Dillard's, to thoroughly examine this case in light of this Court's recent decision in Farrell v. Circle K Stores, Inc., 22-0849, 2023 WL 2550503, at *1 (La. 3/17/23), -- So. 3d --. In Farrell, the Court stated: “Summary judgment, based on the absence of liability, may be granted upon a finding that reasonable minds could only agree that the condition was not unreasonably dangerous; therefore, the defendant did not breach the duty owed.” Id., at *13. The trial court made a reasoned decision to grant summary judgment here based on the evidence presented, including a video demonstrating that over 85 persons avoided the obstacle over which plaintiff ultimately tripped in a period of under three minutes. Moreover, the court of appeal reversed the trial court before this Court rendered our decision in Farrell. I would therefore grant the application to review the facts of this case under the standard clarified by Farrell.

Crichton, J., would grant and docket.