Legal Opinion
Moore v. Kmart Corp.
District Court, E.D. Louisiana
Decided May 3, 1995No. Civ. A. No. 94-3771PublishedCited by 8 opinions
1Opinion of the Court
ORDER AND REASONS
JONES, District Judge.
The defendant, Kmart Corporation (“Kmart”), moves to dismiss this matter, contending that the cause of action in this tort diversity suit has prescribed.1 The Court considered this matter on memoranda only. Having reviewed the memoranda of the parties, the applicable law and the record, the Court GRANTS the motion.
Background
On November 7, 1993, the plaintiff was allegedly injured when a shelf in a Kmart store located in St. Bernard Parish fell on her head. The defendant, Kmart, is a foreign corporation with its principal Louisiana business establishment…
2Cases cited7 opinions
- Walker v. Armco Steel Corp.Supreme Court of the United States · 1980
- Sun Bank of Ocala v. Pelican Homestead and Savings Association, and Third Party v. American First Mortgage Funding Corp., Third PartyCourt of Appeals for the First Circuit · 1989
- 22 Fair empl.prac.cas. 1687, 19 Empl. Prac. Dec. P 9259 Joyce Marie Moore, Cross-Appellants v. Tangipahoa Parish School Board, Cross-AppelleesCourt of Appeals for the Fifth Circuit · 1979
- Regina Mullen and George Mullen v. Sears, Roebuck, and CompanyCourt of Appeals for the Fifth Circuit · 1989
- Calhoun v. FordCourt of Appeals for the Fifth Circuit · 1980
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- McKenzie v. Imperial Fire & Casualty Insurance Co.Louisiana Court of Appeal · 2013
- Bourgeois v. Weber Marine, LLCDistrict Court, M.D. Louisiana · 2015
- Harutyunyan v. LoveDistrict Court, E.D. Louisiana · 2019
- Hawkins v. International Paper CoDistrict Court, W.D. Louisiana · 2025
- Robert K. Clark and Ronderick Bowie v. Brett StassiLouisiana Court of Appeal · 2026
3 more not listed; retrieve them via the Exa API.