Guadalupe Lyn v. Outback Steakhouse of Fla. LLC ( 2019 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS APR 22 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
GUADALUPE LYN, No. 18-17017
Plaintiff-Appellant, D.C. No. 2:17-cv-00614-GMN-NJK
v.
MEMORANDUM*
OUTBACK STEAKHOUSE OF FLORIDA,
LLC,
Defendant-Appellee.
Appeal from the United States District Court
for the District of Nevada
Gloria M. Navarro, District Judge, Presiding
Submitted April 17, 2019**
Before: McKEOWN, BYBEE, and OWENS, Circuit Judges.
Guadalupe Lyn appeals from the district court’s summary judgment in her
diversity action alleging a negligence claim under Nevada law. We have
jurisdiction under 28 U.S.C. § 1291. We review de novo. Braunling v.
Countrywide Home Loans Inc., 220 F.3d 1154, 1156 (9th Cir. 2000). We affirm.
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
The district court properly granted summary judgment because Lyn failed to
raise a genuine dispute of material fact as to whether defendant caused the foreign
substance to be on the floor, or whether defendant had actual or constructive notice
of a hazardous condition and failed to remedy it. See Sprague v. Lucky Stores,
Inc., 849 P.2d 320, 322-23 (Nev. 1993) (setting forth requirements for premises
liability under a negligence theory); see also Anderson v. Liberty Lobby, Inc., 477
U.S. 242, 249-50 (1986) (“If the [nonmoving party’s] evidence is merely colorable,
or is not significantly probative, summary judgment may be granted.” (internal
citations omitted)).
AFFIRMED.
2 18-17017