Opinion

Pilie v. National Food Stores of Louisiana, Inc.

  • 245 La. 276
  • 158 So. 2d 162
  • 1963 La. LEXIS 2667
Court
Supreme Court of Louisiana
Filed
Nov 12, 1963
Status
Published
Author
Hamlin
On the bench
Hawthorne, Fournet, McCaleb, Hamlin, Sanders
Cited by
82 cases

stating the doctrine “will not be applied unless the facts and circumstances indicate that the negligence of the defendant ... is the most plausible explanation of the accident.”

How later courts described this case

  • stating the doctrine “will not be applied unless the facts and circumstances indicate that the negligence of the defendant ... is the most plausible explanation of the accident.”
  • res ipsa loquitur held inapplicable where whole cartons fell from display
  • italics supplied in Bourdeaux

Written by the judges who cited it.

Distinguished

  • Distinguished by Sims v. Gibson's of Denham Springs, Inc., 1967 La. App. LEXIS 4784 (1967)

    Pilie v. National Food Stores of Louisiana, supra. The rule is inapplicable, however, when the inference that the accident resulted from a cause other than defendant’s negligence can be drawn as reasonably as the inference that the mishap did occur because of defendant’s fault.
    Louisiana Court of AppealDec 19, 1967Read it

The opinion

HAMLIN, Justice

(dissenting).

The majority opinion states that each case must be decided on its own facts and circumstances. I agree with this statement.

In the instant case, I am of the view that National should have made a showing that its aisles and premises were regularly policed and inspected for displaced merchandise, and that it therefore used all due diligence to protect its customers from injury. When it failed to show this after plaintiff had adduced the facts as to how she was injured, it should be held liable.

I respectfully dissent.

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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