Plaintiff appeals, framing her assignments of error as follows:ġ.) The civil jury committed manifest and reversible error on the 27th day of April, 1999 when they rendered a verdict finding that the Appellee, GINGER McCRAY was not negligent when she purchased a 7-Up drink from a vending machine on the outside of a Piggly Wiggly Store and gave the 7-Up drink to her four (4) year old son, AARON McCRAY, who was in a store buggy and spilled the 7-Up on the floor that the appellant, LINDA CAROL RAYBURN McCRAY slipped and fell in.Ģ.) The trial judge committed manifest and reversible error in not granting the appellant, LINDA CAROL RAYBURN McCRAY on the 12th day of July, 1999 when he failed to grant her a Judgment Notwithstanding the Jury's Verdict and in the alternative, her Motion for New Trial. By judgment dated July 22, 1999, both motions were denied. Plaintiff filed a motion for new trial or alternatively for judgment notwithstanding the jury's verdict. A judgment in conformity with the jury's verdict was signed on May 5, 1999, dismissing plaintiff's claims against defendants. At the conclusion of the trial, the jury rendered a verdict, finding no negligence on the part of Ginger McCray. Trial of the matter against defendant, Ginger McCray, was held before a jury on April 26 and 27, 1999. Pursuant to a motion to dismiss filed on November 14, 1996, plaintiff dismissed all claims against J/H/J, Inc., D/B/A Piggly Wiggly. On May 12, 1996, plaintiff filed a petition for damages, naming as defendants J/H/J, Inc., D/B/A Piggly Wiggly and Ginger McCray. However, as plaintiff grabbed her daughter to stop her from taking a box of cookies off of the shelf, plaintiff slipped in the liquid on the floor and fell, landing on her buttocks and tail bone. Defendant called out to plaintiff, warning her of the spill. While seeking assistance at the end of the aisle, defendant saw plaintiff, Linda McCray, stride by, attempting to catch up with her young daughter who was running in the direction of the spill towards a shelf of cookies. She asked him to locate a manager to clean up the spill and warned him not to walk in the area of the spill. After receiving no response to her calls for assistance, she proceeded to push the cart to the end of the aisle where a male customer approached her. Defendant called out loudly five or six times for a manager to assist her, as she had nothing in her possession that she could use to clean up the spilled liquid, nor did she see anyone else in the aisle who could render assistance. While shopping in an aisle, the can slipped out of her son's hands and turned upside down in the cart, spilling the clear liquid from the can onto the floor. Upon entering the store, she placed her son in the child's seat of a shopping cart, where he sat holding the 7-Up can with both hands, while she pushed the cart. Prior to entering the store, defendant purchased a 7-Up soft drink from a soft drink machine located at the entrance of the store. On May 2, 1995, defendant and her four-year-old son were shopping at a Piggly Wiggly Food Store in Baker, Louisiana. In this slip and fall case, plaintiff, Linda Carol Rayburn McCray, appeals an adverse jury verdict finding no negligence on behalf of defendant, Ginger McCray. Perry, Baton Rouge, for Defendant/Appellee Ginger McCray. Otha Curtis Nelson, Sr., Baton Rouge, for Plaintiff/Appellant Linda Carol Rayburn McCray. Decided: November 03, 2000īefore: WHIPPLE and FOGG, JJ., and BAGNERIS, J. J/H/J, INC., d/b/a Piggly Wiggly, Ginger McCray and Allstate Insurance Company. Court of Appeal of Louisiana,First Circuit.
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