A state appeals court has dismissed a woman’s case against Golden Nugget after she claimed she slipped and fell on a slick floor in a restaurant at the casino.
The Louisiana Court of Appeal for the Third Circuit granted a writ and rendered summary judgment dismissing Michelle Lewis’ claims against Golden Nugget Lake Charles LLC.
In 2015, Lewis sued alleging she slipped and fell on a “waxy, glossy, slick substance on the floor” while walking to the restroom from the Saltgrass Steakhouse located in the casino earlier that year. Golden Nugget filed a motion for summary judgment in 2019, but the trial court denied it.
The casino filed a second motion for summary judgment in October 2023 arguing there was no factual support establishing the existence of an unreasonably dangerous condition. The motion included Lewis’ deposition from December 2015 in which she testified she was wearing “slide-in sandals” with wedge heels that were three to four inches high.
Lewis also testified that she didn’t recall seeing any liquid on the floor where she fell and that she did not notice any wax or liquid of any type on her clothing when she stood up. She also said she didn’t find any kind of substance on the floor that caused her to fall.
However, her deposition also said it “was kind of like the floor as (you were) trying to get up … Because I used my hands to help me up. It was kind of like the floor looked glossy and slippery.”
When asked what it felt like on her hand, she answered, “Just slimy, like soft.”
When asked if it was a substance on the floor or just the way her hand moved, she replied that it was “the way that my hand moved.”
When the attorney asked her if there was any residue, she said no.
“I did not notice that at the time because I was just in shock,” she testified.
When the attorney asked if she noticed a wax or liquid or a cleaner on the floor, Lewis elaborated.
“I guess being slippery,” she said. “Because honestly, if I could have prevented myself from falling with my hands or without hitting the floor totally, then I probably could have done that. But like I said, because if, I guess based upon (what) the waitress said as well (as) it being glossy and, you know, she said it’s the way they make the floor. So, with my impression, I’m assuming because it’s laminate and it’s wood that it was probably buffed and overwaxed maybe.”
Lewis also testified that she “more than likely” returned to her table using the same path she did when she fell as she went to the restroom and had no problems walking on the floor.
The restaurant’s general manager at the time also testified that he didn’t notice any hazardous or dangerous conditions before or after Lewis’ fall.
The trial court did deny the casino’s motion, and Golden Nugget filed an application for supervisory writs with the appeals court asserting assignments of error that the court found a genuine issue of material fact existed as to whether a hazardous condition was present and denied the casino’s motion for summary judgment because Lewis did not meet her burden to produce sufficient factual support.
In the appeals court order, Judge D. Kent Savoie wrote that it agrees with Golden Nugget that summary judgment dismissal of Lewis’ claims is required because of the absence of evidence establishing the existence of an unreasonably dangerous condition.
“Even though Lewis’ petition alleges that ‘she slipped and fell on a waxy, glossy, slick substance on the floor,’ her deposition testimony does not support her allegation,” Savoie wrote. “While Lewis testified that the floor where she fell looked glossy and slippery, she admitted that there was no liquid, cleaner or other substance on the floor and that she did not notice any waxy substance on either her hands or clothing after she fell.
“Further, Lewis’ assumption that because the floor was wood laminate, ‘it was probably buffed and overwaxed maybe’is an unsupported speculation and does not satisfy her burdens or otherwise create an issue of material fact.”
Finally, the appeals court says the costs of the proceedings are to be paid by Lewis.
Judges Van H. Kyzar and Jonathan W. Perry were part of the majority with Savoie. Judges Candyce G. Perret and Gary E. Bradberry dissented.
State of Louisiana Court of Appeal, Third Circuit case number 23-778