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Rainy day, a slippery floor and constructive notice

In one of those opinions concluding oddly in relation to the text, a Third Circuit panel reversed a defense merchant liability, slip and fall summary judgment. See, Barton v. Wal-Mart Stores, Inc., 18-146 (La.App. 3 Cir. 09/26/18).

Several paragraphs describe details that don't seem to suggest a final statement on the impropriety of credibility determinations for summary judgment purposes. Rather, the facts, as described, could be grounds for explanation that the plaintiff's credibility alone, no matter how strong, could not overcome an "absence of factual support for" proof of constructive notice. Nevertheless, the matter returns to the 9th JDC for further proceedings.


Posted: Sept. 27, 2018