Weaver v. Winn-Dixie of Louisiana, Inc.

REDMANN, Judge.

Plaintiff, pushing a shopping cart, tripped and fell on a mat just as she entered the defendant’s store. The question is whether the evidence supports a conclusion of causative fault on the part of defendant. We conclude that it does.

The only eye-witness testified “When she [plaintiff] was falling I looked, and her foot was under the rug. . .. [H]er foot got caught under the rug.” That evidence supports an inference that the mat was not lying flat.

Defendant argues that such an inference is impermissible because elsewhere that witness indicates the rug was “flat.” Defendant…