WEAVER v. WINN-DIXIE OF LA., INC.

No. 12362.

406 So.2d 792 (1981)

Mary WEAVER, divorced wife of Peter Weaver v. WINN-DIXIE OF LOUISIANA, INC.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied December 18, 1981.


Attorney(s) appearing for the Case

Robert P. Charbonnet, Charbonnet & Charbonnet, New Orleans, for plaintiff-appellee.

Robert E. Peyton, Christovich & Kearney, New Orleans, for defendant-appellant.

Before REDMANN, SCHOTT and KLEES, JJ.


REDMANN, Judge.

Plaintiff, pushing a shopping cart, tripped and fell on a mat just as she entered the defendant's store. The question is whether the evidence supports a conclusion of causative fault on the part of defendant. We conclude that it does.

The only eye-witness testified "When she [plaintiff] was falling I looked, and her foot was under the rug.... [H]er foot got caught under the rug." That evidence supports an inference that the mat was not lying...

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