Morgan v. Schwegmann's Giant Supermarkets, Inc.

Despite the majority’s attempt to distinguish the two cases, I believe that the decision in the instant case is in direct conflict with this court’s interpretation of LSA-R.S. 9:2800.6(C) in Manieri v. National Tea Co., 573 So.2d 1268 (La.App. 4th Cir.1991), wherein we established a shifting burden of proof in cases involving accidents in retail stores. Because I believe that Manieri mandates reversal in the instant case, I respectfully dissent.

The Manieri case, which is now the law in this circuit, states explicitly that, under the new law, when the plaintiff fails to prove that the hazard…