In the case of Alice Ausbon versus Omni Hotels Management Corporation and ABC Insurance Company, filed in the Court of Appeal Fourth Circuit, State of Louisiana under case ID 2023-CA-0589, a decision was made on April 2, 2024. The plaintiff, Alice Ausbon, sought an appeal against the district court's ruling which favored Omni Hotels Management Corporation ("Omni") in a trip and fall personal injury lawsuit.
The incident occurred on June 6, 2015, at the entrance of the Omni Royal Crescent Hotel in New Orleans. Ms. Ausbon alleges that she tripped over a doormat placed by Omni leading to significant injuries. Represented by Jacob G. Powell from Dudley DeBosier Injury Lawyers and Dean Michael Arruebarrena from Leake & Andersson L.L.P., Ms. Ausbon initiated legal proceedings against Omni on May 4, 2016.
On February 27, 2023, Omni represented by C. Stephen Setliff and Eli Jason S. Mackey from Setliff Law PLC filed a motion for summary judgment arguing that Ms. Ausbon could not meet her burden of proof under La. R.S. 9:2800.6. The district court granted this motion on April 24, 2023.
Ms. Ausbon is seeking reversal of the district court's judgment and remand for further proceedings consistent with her appeal opinion. She claims there is a genuine issue of material fact that the mat presented an unreasonable risk of harm and alleges error in granting summary judgment as the court failed to consider deposition testimony and affidavits from three witnesses.