August 4, 2025

NEW ORLEANS HUB – QPWB has obtained a complete defense verdict for a Fast Food Restaurant Chain client in a slip-and-fall lawsuit, achieved through a Motion for Summary Judgment. New Orleans attorneys Melanie Melasky, Jade McKeough, and Brian Harrell successfully defended our client against a Plaintiff demand of $292,201.63 by arguing the alleged hazardous condition was open and obvious.

Overview of the Case

The Plaintiff, a customer, contended she slipped and fell at the threshold of a fast food restaurant after dining in the restaurant on a rainy day. She alleged premises liability due to an unsafe condition. Our defense asserted that the condition did not present an unreasonable risk of harm and was open and obvious. This strategy ultimately led to the lawsuit's dismissal via a Motion for Summary Judgment

Key Difference-Makers

• Melanie Melasky – Associate, New Orleans Hub
• Jade McKeough – Partner, New Orleans Hub
• Brian Harrell – Managing Partner, New Orleans Hub

Administrative Support:

• Heather Bruno – Paralegal

Claims Made Against Our Client

The Plaintiff asserted an unreasonable risk of harm due to slick rainwater at the restaurant entrance that was being tracked in by customers. They contended that the hazard was not readily apparent, alleging a caution cone placed by the restaurant staff was too far from the door to have provided adequate notice and emphasizing that a mat by the entrance was rolled up, not placed in front of the door. Opposing counsel supported these claims with an eyewitness affidavit from an individual with 39 years of restaurant industry experience, who attested the restaurant had not followed proper rainy day procedures regarding the mat's placement.

Defense Strategy

Our defense strategy meticulously focused on proving the absence of an unreasonable risk of harm and establishing the condition as open and obvious, adhering strictly to the requirements of the Louisiana Merchant Liability Statute (La. R.S. 9:2800.6). We prepared a comprehensive Motion for Summary Judgment, incorporating crucial screenshots from video surveillance footage that showed the Plaintiff repeatedly walking and standing next to the unobstructed caution cone multiple times throughout her visit at the premises - while ordering, while waiting for her food and when entering and exiting the restaurant. This visual evidence, combined with Plaintiff's own deposition testimony where she admitted the cone's visibility in surveillance (despite her claimed unawareness at the time), was central to our argument that the Plaintiff could not meet her burden of proof.

The defense further highlighted that no other customers had difficulty traversing the area and there was no indication that employees knew of a specific condition and failed to take precautions or warn customers, despite the rain beginning during Plaintiff's meal.

Impact on Final Outcome

Our calculated approach, establishing through Plaintiff's own testimony and surveillance footage that the condition met all elements of an open and obvious hazard, was critical. The precise focus on every factual distinction in the case, thoroughly compared against established case law, strongly supported our argument that there was no unreasonable risk of harm and that the fast food restaurant had exercised reasonable care, as stated by Louisiana law. This comprehensive presentation led the Court to grant our Motion for Summary Judgment, dismissing all of Plaintiff's claims with a $0 award.

Unique Aspects of the Case

The most unique aspects of this case centered on the specific details captured by surveillance footage: the caution cone, though a few feet from the entrance, was unobstructed and clearly visible, with the Plaintiff seen walking and standing next to it multiple times. Crucially, during her deposition, the Plaintiff admitted that while she did not see it at the time of her incident, the unobstructed caution cone was indeed visible in the surveillance footage. Additionally, the mat by the entrance was rolled up, not deployed, which the defense countered by proving reasonable care had still been exercised.

Predicting the Future

This victory underscores the effectiveness of a precise approach through discovery and a thorough deposition, proving that plaintiffs cannot meet their burden when conditions are demonstrably open and obvious under the Merchant Liability Statute. The Court's ruling clearly reflects that a merchant's duty during rainy conditions is to exercise reasonable care, not to guarantee a totally dry surface. This outcome provides valuable precedent for future premises liability cases, particularly those involving open and obvious conditions and challenging plaintiff's claims effectively.

Key Actions in This Case

• Strategic Motion for Summary Judgment: Achieved complete dismissal of all claims
• Open and Obvious Defense: Successfully argued the condition met criteria for open and obvious
• Video Surveillance Integration: Leveraged crucial footage and deposition admissions for a strong factual basis
• Merchant Liability Statute Adherence: Demonstrated Plaintiff's failure to meet statutory burden

About QPWB

Quintairos, Prieto, Wood & Boyer, P.A. is one of the fastest growing law firms in the United States providing a different focus on what it means to provide responsive service to clients and team members. With a national presence of 50 offices and a comprehensive scope of over 130 practice areas, QPWB delivers legal representation in litigation, regulatory, and corporate matters to a diverse range of industries. This scope and rapid expansion has attracted unique legal talent from all different backgrounds and experiences which has made them the largest minority-owned law firm in the country.