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Cates v. Dillard Dept. Stores, Inc., No. 09-31193

By FindLaw Staff on October 23, 2010 1:31 PM

Slip and Fall Case

In Cates v. Dillard Dept. Stores, Inc., No. 09-31193, an action against a department store after plaintiff slipped and fell, alleging that her fall was caused by a plastic "wet floor" sign that an employee had negligently left in a high-traffic area of the store, the court reversed summary judgment for defendant where there was a genuine issue of material fact as to whether defendant created an unreasonable risk of harm and whether it failed to exercise reasonable care.

As the court wrote:  "Donna Cates ("Cates") sued Dillard Department Stores, Inc. ("Dillard") in Louisiana state court after she slipped and fell in a Dillard store, alleging that her fall was caused by a plastic "wet floor" sign that an employee had negligently left in a high-traffic area of the store. After removal, the district court granted summary judgment to Dillard, which Cates appeals. Because there is a genuine issue of material fact as to whether Dillard created an unreasonable risk of harm and whether it failed to exercise reasonable care, we vacate the district court's judgment and remand for proceedings not inconsistent with this opinion."

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