United States Fifth Circuit

In a personal injury action brought by plaintiff, who slipped and fell in a puddle in the aisle of a store operated by defendant-Albertsons, summary judgment for Albertsons is reversed and remanded where evidence regarding the size and nature of the spill demonstrated that some period of time passed before plaintiff's accident, and consequently, she presented sufficient evidence to survive summary judgment on the issue of constructive notice.

Appellate Information

• Decided 07/09/2007
• Published 07/10/2007

Judges

• JERRY E. SMITH, Circuit Judge:, Before SMITH, BENAVIDES and DENNIS, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Amy-Elizabeth Temple Brainard (argued), Klotz, Simmons & Reeks, Shreveport, LA, for Bagley.


• For Appellees:
  
• Samuel W. Caverlee (argued), Cook, Yancey, King & Galloway, Shreveport, LA, for Defendant-Appellee.