Jones v. Arch Insurance Co
Filing
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RULING GRANTING #48 MOTION for Partial Summary Judgment filed by Wilma Jones. Signed by Judge Robert G James on 12/4/13. (crt,DickersonSld, D)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
MONROE DIVISION
WILMA JONES
CIVIL ACTION NO. 12-2029
VERSUS
JUDGE ROBERT G. JAMES
ARCH INSURANCE CO., ET AL.
MAG. JUDGE KAREN L. HAYES
RULING
Pending before the Court is Plaintiff Wilma Jones’ (“Ms. Jones”) Motion for Partial
Summary Judgment [Doc. No. 48]. Defendants Arch Insurance Co. and Dollar Tree Stores, Inc.
(“Dollar Tree”) did not file an opposition. For the following reasons, the motion is GRANTED.
This case arises out of an alleged trip and fall accident inside the West Monroe, Louisiana
Dollar Tree store. Ms. Jones alleges that, on July 6, 2011, she sustained injuries after tripping
over a low shelf on a merchandise end-cap display near the checkout counter and falling to the
ground.1
Ms. Jones argues that “there is no genuine issue of material fact that exists on the issue of
the fact that the subject store did in fact create the complained of condition [the low shelf], which
Plaintiff alleges caused her to trip and fall.”2 [Doc. No. 48, p. 1]. Ms. Jones cites the deposition
of Peggy Ford, District Manager, to show that “the low shelf that Ms. Jones said she fell over
was set up in the standard way for displays at the Dollar Tree Store.” [Doc. No. 48-2, p. 3]. The
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For additional facts, refer to the Court’s September 27, 2013, Ruling [Doc. No. 46].
Although Ms. Jones later stated in the motion that the low shelf “caused [her] to trip and
fall” [Doc. No. 48-2, p. 3](emphasis added), Ms. Jones does not seek summary judgment on
causation. In this Ruling, the Court finds only that the Dollar Tree store created the condition,
the low shelf, but reserves the issue of causation for trial.
Court agrees that there is no genuine issue of material fact as to whether the Dollar Tree Store
created the complained of condition, i.e., the low shelf on a merchandise end-cap display. Thus,
for the foregoing reasons, Plaintiff’s Motion for Partial Summary Judgment [Doc. No. 48] is
GRANTED.
MONROE, LOUISIANA, this 4th day of December, 2013.
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