June | 2010 BECOME A MEMBER OF NRRDAIf you are not already a NRRDA member, here is how you can join this list of growing restaurant and retail professionals working together to reduce and manage the claims in our industry. www.joinnrrda.orgMinnesota: A SEVERAL STATEBy: Peter Lind
Waldeck & Lind
Minneapolis, Minnesota
A parish school in Kimball, a small rural community in Stearns County not far from Lake Wobegon…
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Shelton v. Wal-Mart (La.App. 3 Cir. 2/3/10)
By: Joe Hassinger and Carlina Eiselen
Galloway, Johnson, Tompkins, Burr & Smith
New Orleans, LA
Plaintiff slipped and fell on a clear, pink, watery substance in the dairy section while shopping at Wal-Mart in Prairieville, Louisiana,alleging that she injured her post-surgical knee at the time of her fall.
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Shuff v. Brookshire Grocery Company (La.App.2 Cir. 3/3/10
By: Joe Hassinger and Carlina Eiselen
Galloway, Johnson, Tompkins, Burr & Smith
New Orleans, LA
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Pinkins v. The Home Depot (La. App. 5 Cir. 1/12/10).
By: Joe Hassinger and Carlina Eiselen
Galloway, Johnson, Tompkins, Burr & Smith
New Orleans, LA
While plaintiffs were in a check-out line in Home Depot, another customer pushing a cart with lumber ran into plaintiffs. Plaintiffs alleged that Home Depot was liable to them because Home Depot failed to train customers in the proper use of carts, failed to place proper warnings on carts, and failed to inspect the carts.
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Solieman v. Spears (La. App. 1 Cir. 12/23/2009).
By: Joe Hassinger and Carlina Eiselen
Galloway, Johnson, Tompkins, Burr & Smith
New Orleans, LA
Talal Solieman (“Talal”) was working alone as the general manager of Market Plus, a convenience store in Baton Rouge, Louisiana, when the store was robbed by two individuals.
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Missouri Legislative Update: Second Injury Fund – Proposed Funding and Substantive Statutory Changes in Jeopardy
By: Joe Hassinger & Matt Barnhart
Galloway, Johnson, Tompkins, Burr & Smith
New Orleans, LA
The Second Injury Fund is an integral part of the Missouri Workers’ Compensation scheme. Created in 1943 to encourage employers to hire disabled individuals…
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Summary Judgment for Retailer in Recent New York Slip and Fall Case
By: Joel B. Schechter, Partner with
Prathima Reddy, Associate
Watson Bennett Colligan & Schechter
Buffalo, NY
A “slip and fall” or “trip and fall” is the term for an injury which occurs when someone slips, trips or falls as a result of a dangerous or hazardous condition on someone else’s property. It includes falls as a result of water, ice or snow, as well as abrupt changes in flooring, poor lighting, or a hidden hazard, such as a gap or hard-to-see hole in the ground or floor. When an incident such as this occurs, a retailer or restaurant owner may be faced with liability if they had notice of the condition, whether actual or constructive.
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Submitting an Article for the Newsletter
As a part of the newsletter, we would like to provide summaries of cases throughout the country which may be of interest to our members. We encourage you to bring such cases to our attention or to submit your own summaries and articles pertaining to items of interest and developing trends revelant to the retail and restaurant industries. Please forward your proposed submissions to Beth Boggs, c/o NRRDA at nrrda@nrrda.org.
What is NRRDA?
NRRDA is an independent, non–profit, networking association of legal and claims professionals in the retail and restaurant industries. Membership in NRRDA places you at the forefront of the development of strategies to reduce the number and severity of claims, manage common risks, and enhance our defense position in litigated matters.
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Plaintiff alleges that she placed her small child into the child seat of a shopping cart while shopping at the Super One Foods store in Bastrop, Louisiana. Plaintiff secured the child in the seat with a seat belt made of nylon and two plastic snaps.
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