Failure to Offer Evidence Results in Dismissal of Lawsuit

Plaintiff filed suit against a casino, alleging that she was injured in a slip and fall accident on a walkway in the casino’s parking lot. The casino moved to dismiss plaintiff’s suit on the basis that the walkway had a non-skid surface and there had been no similar accidents. In response, plaintiff echoed the allegations of her lawsuit, namely that the pavement was wet and the ground was muddy. The trial court denied the casino’s motion.

On supervisory review to the Louisiana Supreme Court, it was noted that the plaintiff must set forth specific facts and/or evidence in order to rebut the casino’s motion. Plaintiff, however, merely recited the allegations in her lawsuit and failed to illustrate new evidence for trial. Therefore, the denial of the casino’s motion was reversed and the case against the casino was dismissed.

Houston v. PNK

Wilton E. Bland, IV