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Neal v. Players Lake Charles

787 So. 2d 1213 (2001)

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Neal v. Players Lake Charles

Louisiana Court of Appeal
787 So. 2d 1213 (2001)

Facts

Victoria and John Neal (plaintiffs) sued Players Lake Charles, LLC (Players) (defendant) to recover for injuries allegedly sustained by Victoria when she fell in a casino owned by Players. The Neals alleged that the casino floor was an unreasonably dangerous walking surface. During the litigation, the trial court took judicial notice about the qualities of the sealant that Players applied to the casino floor. Players applied the sealant every two weeks to keep the floor looking shiny and polished, but the trial court determined that the sealant had built up on the floor over time and caused the floor to become slick. The trial court suggested that Players should have stripped the floors regularly to prevent the sealant buildup. However, there was no evidence that the floor was slippery or that there were any foreign substances on the floor at the time of Victoria’s fall. After considering the evidence in the case, the trial court concluded that the floor was an unreasonably dangerous surface and awarded the Neals damages. Players appealed to the Louisiana Court of Appeal, arguing, among other things, that the trial court improperly took judicial notice of the information about the sealant.

Rule of Law

Issue

Holding and Reasoning (Gremillion, J.)

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