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Fifth Circuit Court of Appeal at Tulane Law Sept. 28

September 22, 2015


The Louisiana Fifth Circuit Court of Appeal is scheduled to sit at Tulane Law School Sept. 28 to hear arguments in two civil cases.

The session, which is open to the public, is set for 5 p.m. in the Wendell H. Gauthier Moot Court Room 110.

The three-member panel consists of Chief Judge Susan Chehardy and two Tulane Law graduates, Judges Fredericka Wicker (L ’77) and Hans Liljeberg (L ’93).

Seating will be on a first-come, first-served basis. Each argument will last 30 minutes, and as a courtesy to the judges, lawyers and litigants, observers should enter and exit discreetly and only between cases. No cellphones, cameras, recording devices, laptops, etc., will be allowed in the classroom during the sitting.

The cases:

5-5:30 p.m.: Carol Evans v. Winn-Dixie Montgomery, No. 15-CA-191 

Carol Evans sued alleging that she was seriously hurt in a fall when she slipped on a wet floor in the meat aisle at a Marrero Winn-Dixie in 2012. The trial judge granted a summary judgment for Winn-Dixie on the grounds that no evidence showed the store created the hazardous condition or that workers knew about the water on the floor. Evans appealed. The issue is whether the suit was dismissed in error. 

5:30-6 p.m.: Robertson, et al. v. St. John the Baptist Parish, et al., No. 15-CA-240 

The case originally was filed as a class action on behalf of St. John the Baptist Parish residents whose property was damaged by flooding caused by Hurricane Isaac in 2012. The plaintiffs alleged that the parish didn’t adequately warn residents or take steps to mitigate damage and that the pipeline and construction companies named as defendants caused conditions that made the damages worse. The trial court dismissed the class action claims and then dismissed claims against the private defendants and the parish. The plaintiffs appealed. 


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