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Bell v. American General Investment L.L.C.9/21/2005
It had to be a puddle of water somewhere." She finally agreed with a question from her attorney that it was water that caused her to slip. However, nowhere in her testimony is there a description of the water that could lead to a finding that the water had been on the floor for any period of time. She did not testify about the size, shape or discoloration of the puddle she claimed may have caused her to slip. The photos of the area show what may or may not be old water stains near the area where Ms. Bell slipped. Ms. Bell did not say that there was water on the floor at that location when she slipped. Although the plaintiff's counsel cites in brief a large variety of sources from which water or some other liquid could have spilled onto the floor, there is no evidence that any liquid actually was on the floor in the area for any length of time prior to Ms. Bell's fall. In the absence of such evidence, the trial court was manifestly erroneous in finding that the plaintiff met her burden of proof under La. R.S. 9:2800.6.
CONCLUSION
The judgment of the trial court is hereby reversed and judgment is rendered in favor of American General Investment, L.L.C., dismissing Ms. Bell's claims. Costs are assessed to Ms. Bell.
REVERSED AND RENDERED.
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