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Editor's note: opinion released June 30, 2000

SUPREME COURT OF LOUISIANA NO. 00-C-0078

LEONARD J. BABIN V. WINN-DIXIE LOUISIANA, INC.

ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, THIRD CIRCUIT, PARISH OF LAFAYETTE

PER CURIAM*
At issue in this case is whether the court of appeal erred in reversing the district court's grant of summary judgment in favor of defendant. For the reasons assigned, we reverse the judgment of the court of appeal and reinstate the district court's judgment.

FACTS AND PROCEDURAL HISTORY Leonard Babin filed the instant suit against Winn-Dixie Louisiana, Inc. ("WinnDixie"), seeking to recover damages for injuries he allegedly sustained in a February 16, 1996 slip and fall accident inside the Winn-Dixie store in Scott, Louisiana. Plaintiff claimed that he had been shopping in the store for only five or ten minutes when he slipped and fell on several plastic toothpick boxes, approximately eight or nine inches in length, which were on the floor of aisle #5. Plaintiff admitted in his deposition that he did not know how the toothpick boxes got on the floor, nor did he know how long they had been on the floor before he fell.

*

Calogero, C.J., not on panel, recused. Rule IV, Part II,

Download 2000-C-0078 LEONARD J. BABIN v. WINN-DIXIE LOUISIANA, INC.pdf

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