Angela Expose has filed a lawsuit against Rouses Enterprises, LLC, doing business as Rouses Markets, in the Court of Appeal, Fourth Circuit, State of Louisiana. The case ID is 2023-CA-0587 and the court date is May 7, 2024. The lawsuit stems from a slip and fall incident that occurred on September 14, 2019, at a Rouses supermarket in New Orleans.
Ms. Expose alleges she slipped on a green pepper left on the floor of the checkout line and sustained personal injuries. The city court initially granted partial summary judgment in favor of Rouses but found there was a genuine issue regarding whether Rouses had constructive notice of the hazard.
On June 14th, 2023 Ms. Expose won $11,501.50 in total damages plus costs and interest. This amount includes $6,500 in general damages and $5,001.50 in special damages.
Rouses raised 4 point of error in the appeal. First, shifting the burden to Rouses to prove its lack of culpability. Second, applying an adverse presumption against Rouses for failing to call its clerk as a witness. Third, finding that Ms. Expose met her burden of proof that Rouses knew the condition of the floor and finally, find Ms. Expose met her burden of proof that Rouses failed to exercise reasonable care.
Judges Lobrano, Brown and Chase all concurred that the city court did not err in its assessment of each of Rouses reasons for appeal. The judgment is affirmed from the city court.
The plaintiff's legal team includes Vincent R. Arnona, Donald L. Rose III, and Toni R. Arnona from Arnona Rose, LLC. Kenneth J. Deroche Jr., from Bernard Cassisa Elliott & Davis represents the defendant.