Case: 11-30103 Document: 00511509117 Page: 1 Date Filed: 06/15/2011
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
June 15, 2011
No. 11-30103
Summary Calendar Lyle W. Cayce
Clerk
BETTY COLAR,
Plaintiff-Appellant,
versus
WINN-DIXIE MONTGOMERY, INCORPORATED,
Defendant-Appellee.
Appeal from the United States District Court
for the Middle District of Louisiana
USDC No. 3:09-CV-755
Before DAVIS, SMITH, and SOUTHWICK, Circuit Judges.
PER CURIAM:*
This is a common slip-and-fall diversity claim regarding an accident at a
grocery store. The district court entered summary judgment for the store.
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.
Case: 11-30103 Document: 00511509117 Page: 2 Date Filed: 06/15/2011
No. 11-30103
We have reviewed the briefs and pertinent portions of the record and have
consulted the applicable law. There is no error. The district court properly con-
cluded as follows: “Plaintiff has put forth no evidence that Winn Dixie had actu-
al or constructive notice of the substance on the floor prior to plaintiff’s fall. Sim-
ilarly, plaintiff has not established that Winn Dixie failed to exercise reasonable
care.”
The summary judgment is AFFIRMED, essentially for the reasons set
forth by the district court in its Ruling dated January 26, 2011.
2