Henrietta Scott v. Shopper's Value Food Store, f/k/a Piggly Wiggly Food Store and XYZ Insurance Company ( 2019 )

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT HENRIETTA SCOTT NO. 2019 CW 0234 VERSUS SHOPPER' S VALUE FOOD STORE, F/ K/ A PIGGLY WIGGLY FOOD AUG 2 2 2019 STORE AND XYZ INSURANCE COMPANY In Re: Shopper' s Value Food Store, f/ k/ a Piggly Wiggly Food Store, XYZ Insurance Company and J - H - J, Inc., applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 651795. BEFORE: WELCH, CHUTZ, AND PENZATO, JJ. WRIT GRANTED. The February 19, 2019 judgment of the district court denying the motion for summary judgment filed by defendants, Shopper' s Value Food Store, F/ K/ A Piggly Wiggly Food Store, XYZ Insurance Company, and J - H - J, Inc., is reversed. Plaintiff, Henrietta Scott, failed to produce factual support sufficient to establish a genuine issue of material fact that: 1) a foreseeable and unreasonable risk of harm was present, ( 2) there was actual or constructive knowledge of said unreasonable risk, and ( 3) there was a failure to exercise reasonable care by defendants, all of which are necessary elements of her claim. Therefore, defendants are entitled to judgment. See La. Code Civ. P. art. 966( D)( 1); La. R. S. 9: 2800. 6. The motion for summary judgment filed by defendants is granted, and plaintiff' s claims are dismissed. JEW WRC AEP COURT OF APPEAL, FIRST CIRCUIT DEPU Y CLERK OF COURT FOR THE COURT