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SUPREME COURT OF LOUISIANA NO. 98-C-1939

HENRY KENNEDY V. WAL-MART STORES, INC.

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

PER CURIAM*
We granted certiorari in this case to determine whether the lower courts erred in finding plaintiff met his burden of proof under La. R.S. 9:2800.6. After reviewing the record, we conclude the plaintiff failed to meet his burden of proof under the statute, and accordingly, we reverse the judgments below.

FACTS AND PROCEDURAL HISTORY On the evening of September 15, 1994, plaintiff, Henry Kennedy, was shopping in a Wal-Mart store located in Natchitoches, Louisiana. Plaintiff selected two cans of peanuts from a display near the back of the store, then proceeded toward the cash registers, located in the front of the store, to pay for his purchase. When plaintiff was within three or four feet of the checkout lanes, he allegedly slipped in what appeared to be a puddle of water and fell onto his right shoulder. Plaintiff subsequently filed suit against Wal-Mart Stores, Inc. ("Wal-Mart"). At a trial before the bench, plaintiff testified that it was raining on the evening of the accident. Although he had not seen any water on the floor before he fell, plaintiff stated that after he got to his feet, he discovered the right leg of his pants was "soaking wet" with a non-sticky substance which he presumed to be water. Plaintiff testified that the checkout area was within view of a customer service podium, and plaintiff "thought" one of the cashiers should have been able to see whatever was on the floor before he fell.

*

Knoll, J., not on panel. Rule IV, Part II,

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