In this trip and fall case I would grant and docket the writ application of State of Louisiana/Department of Transportation and Development (DOTD) to examine whether the plaintiff has presented sufficient factual support to establish the existence of a genuine issue of material fact: whether DOTD "had actual or constructive knowledge of the alleged (rug) defect and failed to take corrective measures within a reasonable time". See La. C.C.P. art. 966(D). See also Fontenot v. Patterson Ins. , 2009-0669 (La. 10/20/09), 23 So.3d 259, 268.
Smith v. State, 267 So. 3d 68 (2019)
April 8, 2019
·
Louisiana Supreme Court
·
No. 2019-C-0225
267 So. 3d 68
Cassandra SMITH
v.
STATE of Louisiana, et al.
No. 2019-C-0225
Supreme Court of Louisiana.
April 8, 2019
ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, FOURTH CIRCUIT, PARISH OF ORLEANS
CRICHTON, J., would grant and assigns reasons: