Archive for the ‘Patron’ Category

Black and Blue Light Special – Sporting Goods Store Not Liable for Injury Caused by Bicycle Riding Patron (LA)

May 15, 2015

Orr v. Academy Louisiana Co, LLC (Louisiana)

Plaintiff and her daughter entered an Academy Sports and Outdoor Store in Alexandria, Louisiana to shop for shoes.  While plaintiff was attempting to help her child try on a pair of shoes, she was struck by an adult male who was riding a young girl’s bicycle.  The bicycle rider initially offered assistance to the injured plaintiff, but when she refused, he fled the scene.  After plaintiff reported the incident to the store, they located the bicycle, but could no the man involved.

Plaintiff sued the store and its insurance company, and her husband joined the litigation with a loss of consortium claim.  The defendants denied liability, asserted the fault the unknown bicycle rider, and argued comparative fault on the part of plaintiff.  After a trial on the merits, the trial court found that the store was one hundred percent at fault for the plaintiff’s accident, awarding plaintiff its jurisdictional limit of $50,000 in damages.  Defendant appealed, alleging the trial court erred: (1) in finding that plaintiff had met her burden of proof; (2) in finding that the store was negligent when the incident could not have been reasonably anticipated; and (3) in failing to assign fault on the unknown customer/tortfeasor.

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