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SUPREME COURT OF LOUISIANA

No. 98-C-2085

SARA K. SMITH ET AL. Versus TOYS "R" US, INC. ET AL. ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, FIRST CIRCUIT, PARISH OF EAST BATON ROUGE

LEMMON, Justice* This is a "falling merchandise" case which raises the issue of the required proof, through direct and circumstantial evidence, of the existence of a hazardous condition on a merchant's premises under La. Rev. Stat. 9:2800.6A.

Facts On December 11, 1990, at approximately 12:40 p.m., Sara Smith was shopping at the Baton Rouge Toys "R" Us store. She was in the area where large riding toys for children were displayed on the shelves. Under Toys "R" Us' policy, a customer only looks at the toys on the shelves and does not remove a toy from the shelf for purchase. Instead, the customer takes a specified ticket for the chosen item to another area of the store to pick up the item.

*

Johnson, J., not on panel.

Rule IV, Part 2,

Download 98-C-2085 SARA K. SMITH AND H. DAVID SMITH v. TOYS "R" US, INC., ABC INSURANCE C

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