Opinion

Mulligan v. Wal-Mart Inc.

Court
District Court, E.D. Louisiana
Filed
Feb 26, 2021
Cited by
0 cases
Authority
More cited than 22.3%

The opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF LOUISIANA

CHERYL MULLIGAN CIVIL ACTION

VERSUS NO. 20-697

WAL-MART INC. SECTION: “G”(4)

ORDER

In this litigation, Plaintiff Cheryl Mulligan (“Plaintiff”) alleges that she sustained personal

injuries when she slipped and fell while shopping at Wal-Mart in Kenner, Louisiana as a result of

Defendant Wal-Mart, Inc.’s (“Defendant”) negligence.1 Before the Court is Defendant’s “Motion

for Summary Judgment.”2 The instant motion was noticed for submission on February 24, 2021.

Pursuant to Local Rule 7.5, any opposition to a motion must be filed eight days before the noticed

submission date. At a status conference before the Court on February 23, 2021, counsel for

Plaintiff stated that Plaintiff does not oppose the motion and does not object to dismissal of this

action.

This Court has authority to grant a motion as unopposed, although it is not required to do

so.3 District courts may grant an unopposed motion as long as the motion has merit.4 Under

Louisiana law, a plaintiff who seeks to recover on a negligence claim brought against a merchant

1 Rec. Doc. 1-1 at 1.

2 Rec. Doc. 15.

3 Edward H. Bohlin Co., Inc. v. Banning Co., Inc., 6 F.3d 350, 356 (5th Cir. 1993).

4 See Braly v. Trail, 254 F.3d 1082 (5th Cir. 2001).

1

by a person lawfully on the merchant’s premises for damages as a result of an injury, death, or loss

sustained because of a fall due to a condition existing in or on a merchant’s premises must prove

that ‘“[t]he merchant either created or had actual or constructive notice of the condition which

caused the damage, prior to the occurrence.”° In the instant motion, Defendant argues that

Plaintiffs claims should be dismissed because “‘no genuine issues of material fact exist concerning

[Defendant’s] creation or actual or constructive notice of the condition on the premises.”®

Considering Defendant’s argument in light of Louisiana law and Plaintiff's counsel’s

representation that Plaintiff does not oppose dismissal of this action, the Court finds that the instant

motion has merit. Accordingly,

IT IS HEREBY ORDERED that Defendant Wal-Mart, Inc.’s “Motion for Summary

Judgment”’ is GRANTED.

IT IS FURTHER ORDERED that all claims asserted by Plaintiff Cheryl Mulligan against

Defendant Wal-Mart, Inc. are DISMISSED WITH PREJUDICE.

NEW ORLEANS, LOUISIANA, this 2>"Riay of February, 2021.

NANNETTE JOLI TE BROWN

CHIEF JUDGE

UNITED STATES DISTRICT COURT

> La. Rev. Stat. Ann. § 9:2800.6.

® Rec. Doc. 15-1 at 4.

7 Rec. Doc. 15.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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