171 So. 3d 984 - Davis v. Cheema, Inc.’s Empirical Analysis
2015
Citation profile
8 state decisions
Relationships
Relies on Hines v. Garrett · Halphen v. Johns-Manville Sales Corp. · 699 So. 2d 1081 - White v. Wal-Mart Stores, Inc. · 775 So. 2d 1049 - Willis v. Medders · Babin v. Winn-Dixie Louisiana, Inc.
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The Merchant Liability Statute defines constructive notice to mean that the plaintiff "has proven that the condition existed for such a period of time that it would have b.een discovered if the merchant had exercised reasonable care.” La. R.S. 9:2800.6 C(l). The statute also indicates that the "presence of an employee of the merchant in the vicinity in which the condition exists does not, alone, constitute constructive notice, unless it is shown that the employee knew, or in the exercise of reasonable care should have known, of the condition.” Id. The jurisprudence also provides that a plaintiff may rely on circumstantial evidence to meet their burden of constructive notice. See Beggs v. Harrah’s New Orleans Casino, 14-0725, p. 10 (La.App. 4 Cir. 1/21/15), 158 So.3d 917, 923 .”
1 later decision quote this exact passage“a reasonable inference that it was the merchant, and not a customer or stranger, who put the substance on its parking lot surface to remedy an oil slick.”
1 later decision quote this exact passage“to persons who use his premises to exercise reasonable care to keep his aisles, passageways, and floors in a reasonably safe condition.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.