Sayre v. PNK (Lake Charles), LLC

THIBODEAUX, Chief Judge.

Un this trip and fall case, Terri Sayre appeals the trial court’s judgment pursuant to a jury, verdict in favor of the defendants, PNK (Lake Charles), LLC D/B/A L’Auberge Du Lac (L’Auberge) and Zurich American Insurance Company. Finding that the trial court committed prejudicial error in failing to charge the jury on the adverse presumption in an evidentiary matter, and following our de novo review, we reverse and render judgment in favor of the plaintiff.

■I.

ISSUES

We must decide whether the trial court erred in refusing to charge the jury with the adverse presumption…