Buford v. Kroger Co.

Supreme Court of Louisiana
Buford v. Kroger Co., 325 So. 2d 819 (La. 1976)
1976 La. LEXIS 4763
Calogero, Dixon, Tate

Buford v. Kroger Co.

Opinion of the Court

In re: Buford and Mateline Dauzat, applying for certiorari, or writ of review, to the Court of Appeal, Third Circuit, Parish of Rapides, 323 So.2d 170.

Writ denied. The result is correct on the facts found by the Court of Appeal.

Dissenting Opinion

TATE, J.,

respectfully dissents. The ruling is contrary to Gonzales v. Winn-Dixie, 326 So.2d 486 (La. 1976). The fall of a stack in a grocery store, in the absence of intervening superseding cause, is itself the result of store negligence, whether the hazard is visually apparent or not.

Dissenting Opinion

DIXON, J.,

dissents; when two cases of soft drinks fall on a customer’s head in a store, the store cannot escape liability merely by showing an inspection system.

CALOGERO, J., dissents.

Reference

Full Case Name
Buford and Mateline DAUZAT v. KROGER COMPANY and Insurance Company of North America
Status
Published