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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. (

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