Delores Thibodeaux v. Pinnacle Entertainment, Inc. d/b/a L'Auberge Casino & Hotel Baton Rouge ( 2020 )

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
DELORES THIBODEAUX NO. 2019 CW 1317
VERSUS
PINNACLE ENTERTAINMENT, INC.
D/ B/ A L' AUBERGE CASINO & JAN 0 6 2020
HOTEL BATON ROUGE
In Re: Pinnacle Entertainment, Inc. d/ b/ a L' Auberge Casino &
Hotel Baton Rouge, applying for supervisory writs,
19th Judicial District Court, Parish of East Baton
Rouge, No. 667510.
BEFORE: McDONALD, THERIOT, AND CHUTZ, JJ.
WRIT GRANTED. The trial court' s July 30, 2019 judgment,
which denied the motion for summary judgment filed by the
defendant, Pinnacle Entertainment d/ b/ a L' Auberge Casino &
Hotel, is reversed. We find the valet cone and base were an
open and obvious hazard. See Rodriguez v. Dolgencorp, LLC,
2014-- 1725 ( La. 11/ 14/ 14), 152 So. 3d 871, 872 ( per curiam). The
plaintiff, Delores Thibodeaux, failed to produce factual support
sufficient to establish the existence of a genuine issue of
material fact precluding summary judgment. Accordingly, the
motion for summary judgment filed by the defendant, Pinnacle
Entertainment d/ b/ a L' Auberge Casino & Hotel, is granted, and
the plaintiff' s claims against the defendant, Pinnacle
Entertainment d/ b/ a L' Auberge Casino & Hotel, are dismissed with
prejudice.
JMM
MRT
WRC
COURT OF APPEAL, FIRST CIRCUIT
DEPUTY CLEK OF COURT
FOR THE COURT