Supreme Court of Louisiana, 2018

Woods v. Winn-Dixie Montgomery, L.L.C.

Woods v. Winn-Dixie Montgomery, L.L.C.
Supreme Court of Louisiana · Decided October 29, 2018 · Admin, Aisle, Application, Bldgs, Cases, Compressed, Condition, Created, Crichton, Deemed, Defendant, Div, Docket, Erred, Fall, Finding, Found, Grant, Harm, Here, Issue, Lead, Leading, Left, Liability, Matter, Obvious, Office, Open, Opposite, Reasons, Regarding, Risk, State, Store, Trial, Trip, Used, What, Whether
255 So. 3d 567 (Southern Reporter, Third Series)

Woods v. Winn-Dixie Montgomery, L.L.C.

Opinion of the Court

*568In this trip and fall case, the underlying issue is whether two cases of drinks left in the beverage aisle of a grocery store by a distributor created an unreasonable risk of harm, leading to a finding of liability as found by the trial court here, or whether it was an open and obvious condition, which would lead to an opposite result. I would grant and docket the defendant's application in this matter to explore whether the trial court erred in delivering what the court of appeal deemed to be a "compressed" jury instruction regarding the factors used to determine whether a condition is open and obvious. See Broussard v. State, through Office of State Bldgs., Div. of Admin. , 12-1238 (La. 4/5/13), 113 So.3d 175, 184.

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