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