Nash v. Rouse's Enterprises, LLC

hi agree with the majority that Carter v. Hi Nabor Super Market, LLC, 13-0529 (La.App. 1 Cir. 12/30/14), 168 So.3d 698, writ denied, 15-0190 (La.4/17/15), 168 So.3d 399, does not hold that summary judgment is precluded when a merchant’s constructive notice is at issue. I write separately to clarify the significance of this court’s opinion in Carter, as raised by the plaintiff-appellant in his second assignment of error.

The Merchant’s Liability Statute, La. R.S. 9:2800.6, defines the burden of proof in cases involving slip and fall injuries in commercial establishments. See Green v. Orleans…