Premises Liability - Duplantis v. Cadillac Fairview Shopping Center Properties (Louisiana), Inc.
Mary Duplantis, a shopper at the Esplanade Mall in Kenner, Louisiana, was severely injured when she slipped and fell on an unknown substance on a staircase. She claimed that she attempted to grab the handrail but was unable to grip it and stop her fall because the handrail was too large. She subsequently sued the shopping center and the security company responsible for periodically policing the mall alleging inter alia that they allowed a dangerous condition to exist on the premises, failed to inspect the stairways and handrails to ensure safe conditions, and failed to take necessary precautions to clear the stairs of slippery substances. Mr. Roux represented the mall's security company and its insurer
Mr. Roux filed a motion for summary judgment seeking the dismissal of his client on the grounds that there was no evidence of negligence by the company's employees. The trial court granted Mr. Roux's summary judgment finding that there was no evidence that there was any substance on the step upon which the plaintiff fell; that there was no evidence to establish that the defendants were placed on notice or should have been aware of any substance on the step; and that there was no evidence that any improper condition of the stairs caused the fall. The trial court's granting of Mr. Roux's motion for summary judgment was affirmed on appeal when the issue of the security company's negligence was abandoned by the plaintiffs.
Duplantis v. Cadillac Fairview Shopping Center Properties (Louisiana), Inc., 894 So.2d 393 (La. App. 5th Cir. 2005).