Joycelyn GRIFFIN, Plaintiff-Appellant, v. WAL-MART LOUISIANA, L.L.C., Defendant-Appellee, 623 F. App'x 269

PER CURIAM: This is an ordinary retail slip-and-fall case under Louisiana law per diversity jurisdiction. Although the plaintiff pleaded that she fell because of the defendant store’s failure to remove a foreign substance on the floor, she testified that she does not recall what caused her to fall. The defendant moved for

summary judgment, which the district court granted, issuing a succinct but sufficiently thorough ruling that carefully examined the facts in light of Louisiana law. The court concluded, “Upon burden shifting to non-movant, Plaintiff falls short of carrying her burden of proof because the statute does not allow the factfinder to make inferences of the condition, but requires Plaintiff to make a positive showing. The Court concludes Plaintiff has failed to make a positive showing of the existence of the condition prior to the fall.” The

summary judgment is AFFIRMED, essentially for the reasons convincingly stated by the district court. Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.