Monica Williams-Harvest v. Wal-Mart Stores, Inc.

FILED NOT FOR PUBLICATION FEB 14 2013 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT MONICA WILLIAMS-HARVEST, No. 11-17324 Plaintiff - Appellant, D.C. No. 2:10-cv-01956-JCM-RJJ v. MEMORANDUM* WAL-MART STORES, INC., DBA Wal- Mart Supercenter Store No. 2592, Defendant - Appellee. Appeal from the United States District Court for the District of Nevada James C. Mahan, District Judge, Presiding Submitted February 11, 2013** Before: FERNANDEZ, TASHIMA, and WARDLAW, Circuit Judges. Monica Williams-Harvest appeals pro se from the district court’s summary judgment for defendant Wal-Mart Stores, Inc. (“Wal-Mart”) in her diversity action arising from a slip and fall at a North Las Vegas supermarket. We have * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). jurisdiction under 28 U.S.C. § 1291. We review de novo, and may affirm on any basis supported by the record. Video Software Dealers Ass’n v. Schwarzenegger, 556 F.3d 950, 956 (9th Cir. 2009). We affirm. Summary judgment for Wal-Mart was proper because Williams-Harvest failed to raise a genuine dispute of material fact as to whether Wal-Mart Store No. 2592 had actual or constructive notice of a slippery area of the floor, see Sprague v. Lucky Stores, Inc., 849 P.2d 320, 322-23 (Nev. 1993) (per curiam), or whether the area where she fell was so foreseeably dangerous that Wal-Mart’s regular safety sweeps were insufficient, see FGA, Inc. v. Giglio, 278 P.3d 490, 496-97 (Nev. 2012). AFFIRMED. 2