Edith Harang v. Winn Dixie (Tangipahoa Parish; Amite, Louisiana)
In July of 2012, Devin Fadaol and Heather Nagel won a victory for Winn Dixie Montgomery, LLC, in a premises liability lawsuit involving a plaintiff that tripped on an entrance mat at the front of the grocery store. The plaintiff alleged closed-head injuries and cognitive decline, allegedly the result of a “bunched up” entrance mat. Through the use of in-store video footage, we argued that there was no dangerous condition involving the entrance mat as evidenced by the numerous other customers that walked past the same area immediately before the plaintiff. The trial court judge granted Winn Dixie’s MSJ and dismissed the plaintiff’s lawsuit holding that plaintiff failed to meet her burden of proof that defendants created a defective condition.