CATES v. DILLARD DEPT. STORES, INC.

No. 09-31193.

624 F.3d 695 (2010)

Donna L. CATES, Plaintiff-Appellant, v. DILLARD DEPARTMENT STORES, INC.; ABC Insurance Company, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

October 21, 2010.


Attorney(s) appearing for the Case

Salvador M. Brocato, III , Brocato & Robin, L.L.C., Metairie, LA, for Cates.

Robert E. Peyton , Counsel, Elizabeth Skelly Cordes , Cristovich & Kearney, L.L.P., New Orleans, LA, for Defendants-Appellees.

Before JOLLY, DeMOSS and DENNIS, Circuit Judges.


E. GRADY JOLLY, Circuit Judge:

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...

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