Arnold v. Brookshire Grocery Co., 09-44.

CourtCourt of Appeal of Louisiana (US)
Citation10 So.3d 1279
Docket NumberNo. 09-44.,09-44.
PartiesAquiline ARNOLD v. BROOKSHIRE GROCERY COMPANY, et al.
Decision Date06 May 2009
10 So.3d 1279
Aquiline ARNOLD
v.
BROOKSHIRE GROCERY COMPANY, et al.
No. 09-44.
Court of Appeal of Louisiana, Third Circuit.
May 6, 2009.

[10 So.3d 1280]

Charles J. Foret, Briney & Foret, Lafayette, LA, for Defendant/Appellee, Brookshire Grocery Company.

Michael L. Barras, Galloway Jefcoat, LLP, Lafayette, LA, for Plaintiff/Appellant, Aquiline Arnold.

Court composed of JOHN D. SAUNDERS, MICHAEL G. SULLIVAN, and ELIZABETH A. PICKETT, Judges.

PICKETT, J.


The plaintiff, Aquiline Arnold, appeals a judgment of the trial court dismissing her suit against the defendant, Brookshire Grocery Company (d/b/a Super One Foods and hereinafter referred to as Brookshire's), with prejudice, at her costs. We affirm the judgment of the trial court.

FACTS

This case arises out of a slip and fall which happened at the Brookshire's store in New Iberia on June 21, 2006. The plaintiff filed suit on June 19, 2007, basing her claim on La.R.S. 9:2800.6 which covers actions causing injury, death, or loss "because of a fall due to a condition existing in or on a merchant's premises." In due course, on January 28, 2007, the defendant filed a motion for summary judgment. A hearing on the defendant's motion was set for March 14, 2008, but upon motion filed by the plaintiff was continued until May 30, 2008. Thereafter, on May 22, 2008, the plaintiff filed a supplemental and amending petition, which for the first time raised the issue of spoliation.

The defendant's motion for summary judgment was heard on May 30, 2008. A judgment sustaining the motion, dismissing the plaintiff's claims under La.R.S. 9:2800.6, was signed June 11, 2008, and a hearing on the claim of spoliation, raised by the plaintiff's supplemental and amending petition, was set for July 23, 2008.

Subsequently, the defendant filed an exception of no cause of action and requested a continuance of the July 23, 2008 hearing until August 28, 2008. The continuance was granted without opposition, and, following the August 28, 2008 hearing, the defendant's exception was sustained and the plaintiff's suit dismissed with prejudice at her costs. The plaintiff appeals.

LAW AND DISCUSSION

The plaintiff slipped and fell on a spot of broken egg(s) in an aisle of the defendant's store. There was an employee stocking the end cap of the aisle. He was notified and he called another employee, Maria Romero, to the scene of the accident. The plaintiff alleges that Ms. Romero's action of cleaning up the broken egg(s) on...

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7 cases
  • Hebert v. Richard
    • United States
    • Court of Appeal of Louisiana — District of US
    • July 6, 2011
    ...was for the purpose of depriving the plaintiff of its use.Arnold v. Brookshire Grocery Co., 09–44, p. 2 (La.App. 3 Cir. 05/06/09), 10 So.3d 1279, 1280. “The tort of spoliation of evidence has its roots in the evidentiary doctrine of ‘adverse presumption,’ which allows a jury instruction for......
  • State ex rel. J.E.T., JAK 09-67.
    • United States
    • Court of Appeal of Louisiana — District of US
    • May 6, 2009
    ...made his verbal admission and at his second recorded interview. Instead, the record reveals that the totality of the circumstances, 10 So.3d 1279 including the highly questionable behavior by the detectives to influence the Juvenile to confess to committing the offense, indicate that the Ju......
  • Bilyeu v. Nat'l Union Fire Ins. Co. of Pittsburgh, PA
    • United States
    • Court of Appeal of Louisiana — District of US
    • September 30, 2015
    ...992 So.2d 1019. They also argue that Louisiana recognizes a tort claim for negligent spoliation, citing Arnold v. Brookshire Grocery Co., 2009–44 (La.App. 3 Cir. 5/6/09), 10 So.3d 1279. They contend that National Union's records-retention policy was an "affirmative agreement or undertaking ......
  • Battenfield v. Wal-Mart Stores, Inc.
    • United States
    • U.S. District Court — Western District of Louisiana
    • March 8, 2013
  • Request a trial to view additional results
1 books & journal articles
  • The Land of Oz: Spoliation of Evidence in Louisiana
    • United States
    • Louisiana Law Review No. 74-2, January 2014
    • January 1, 2014
    ...5. Lewis v. Albertson’s Inc., 935 So. 2d 771, 774–75 (La. Ct. App. 2d 2006). 6. See infra Part II.C. 7. Arnold v. Brookshire Grocery Co., 10 So. 3d 1279, 1280 (La. Ct. App. 3d 2009). 8. State v. Vinzant, 7 So. 2d 917, 922 (La. 1942). 9. Union Pump Co. v. Centrifugal Tech., Inc., Civil Actio......

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