Legal Opinion · Dissent

Thomas v. Caesars Entertainment Operating Co.

Louisiana Court of Appeal

Decided January 23, 2013No. 2012-CA-1202Published

1DissentLedet, J.

_JjAlthough I agree with the majority’s holding that a casino qualifies as a merchant under La. R.S. 9:2800.6, I disagree with the majority’s holding that the trial court erred in granting the defendant’s (Harrah’s) motion for summary judgment. I would find that the plaintiff (Ms. Thomas) failed to establish an unreasonable risk of harm or a defect and thus affirm the trial court’s decision.

In her petition, Ms. Thomas averred that the she “tripped due to an electrical extension cord/vacuum cord,” which an employee of Harrah’s was using. In her deposition, however, Ms. Thomas testified that…

2Cases cited4 opinions

  1. Reed v. Home Depot USA, Inc.Louisiana Court of Appeal · 2003
  2. King v. Phelps Dunbar, LLPLouisiana Court of Appeal · 2003
  3. Smith v. Casino New Orleans CasinoLouisiana Court of Appeal · 2012
  4. ADELMANN-CHESTER v. KentLouisiana Court of Appeal · 2009

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