Mary Boyd v. Winn Dixie

Mary Boyd v. Winn Dixie
(July 2015)

 Devin Fadaol and Meghan Shumaker won a victory for Winn Dixie Montgomery, LLC, in a personal injury lawsuit alleging herniated discs to the lumbar spine as a result of a slip and fall in Jefferson Parish.    Defendants filed a Motion for Summary Judgment on the basis that an employee had just passed through and inspected the area within minutes before the plaintiff fell.   The trial court judge held that plaintiff did not meet her burden of proving the temporal element required under the constructive notice statute.  The court granted Winn Dixie’s Motion for Summary Judgment and dismissed all of the plaintiff’s claims