Broussard v. Chedraui USA, Inc et al

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
SHONTELLA BROUSSARD,
Plaintiff,
v.
CHEDRAUI USA, INC., et al.,
Defendants.
§
§
§
§
§
§
§
§
CIVIL ACTION NO. H-25-1687
MEMORANDUM AND OPINION
On April 24, 2026, Fiesta Mart, LLC, filed a motion for summary judgment in this slip-
and-fall case. (Docket Entry No. 17). The plaintiff, Shontella Broussard, did not respond. The
court ordered Broussard to file a motion for leave to file an untimely response to the motion for
summary judgment no later than May 30, 2026, or else the court would rule on the motion for
summary judgment based only on Fiesta Mart’s motion and evidence. 	(Docket Entry No. 18).
Broussard did not do so. The court now proceeds to rule on the summary judgment motion.
The court first grants summary judgment to Fiesta Mart on Broussard’s negligence claim
because Broussard cannot maintain both a negligence claim and a premises liability claim on the
facts alleged. See Rooney v. Costco Wholesale Corp., No. 4:19-CV-04536, 2021 WL 5155677, at
*2 (S.D. Tex. June 4, 2021). Broussard’s complaint alleges that she slipped and fell on an unknown
substance, resulting in “catastrophic” bodily injuries. 	(Docket Entry No. 1-2 ¶ 9). 	There is no
allegation, let alone evidence, of contemporaneous negligent behavior. Because this is a premises
liability case, not a negligence case, the court grants summary judgment on the negligence claim.
See Venancio v. Wal-Mart Stores Tex., LLC, 804 F. Supp. 3d 709, 712 n.1 (S.D. Tex. 2025).
United States District Court
Southern District of Texas
ENTERED
June 03, 2026
Nathan Ochsner, Clerk
Case 4:25-cv-01687 Document 20 Filed 06/03/26 in TXSD Page 1 of 3

2
Next, the court grants summary judgment to Fiesta Mart on Broussard’s premises liability
claim because there is no evidence (among other issues) that Fiest Mart had actual or constructive
knowledge of the condition that caused her fall. “To prevail on a premises liability claim against
a property owner, an injured invitee must establish four elements: (1) the owner had actual or
constructive knowledge of the condition causing the injury; (2) the condition posed an
unreasonable risk of harm; (3) the owner failed to exercise reasonable care to reduce or eliminate
the risk; and (4) the owner’s failure to use such care proximately caused the invitee’s injuries.”
Robbins v. Sam’s East, Inc., No. 21-20050, 2021 WL 3713543, at *1 (5th Cir. Aug. 20, 2021)
(citing McCarty v. Hillstone Rest. Grp., Inc., 864 F.3d 354, 358 (5th Cir. 2017)).
There is no evidence that Fiesta Mart had any knowledge of the condition that caused
Broussard’s fall. 	See Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986) (a court may grant
summary judgment “against a party who fails to make a showing sufficient to establish the
existence of an element essential to that party’s case, and upon which that party will bear the
burden of proof at trial”). Broussard herself could not say where she slipped, whether the substance
was visible, how long it was on the floor before she fell, or whether she knew if an employee
caused the substance to be placed on the floor. 	(Docket Entry No. 19). 	At most, Broussard’s
testimony is only that she slipped on a clear substance that was on the floor for an unidentified
amount of time. 	(Id.). 	That is insufficient to establish a genuine factual dispute material to
determining whether Fiesta Mart had constructive knowledge that there was a substance on the
floor; there is no “proof that [Fiesta Mart] had a reasonable opportunity to discover the defect” and
remedy it before Broussard fell. Wal-Mart Stores, Inc. v. Spates, 186 S.W.3d 566, 567 (Tex. 2006)
(per curiam). Summary judgment is granted on the premises liability claim.
Case 4:25-cv-01687 Document 20 Filed 06/03/26 in TXSD Page 2 of 3

3
Because Broussard cannot establish a premises liability claim, she cannot establish a gross
negligence claim. 	See Pinkerton v. Wal-Mart Stores, Inc., No. 3:19-CV-2660-K, 2020 WL
4339051, at *3 (N.D. Tex. July 28, 2020) (“Because Plaintiff cannot establish premises liability or
ordinary negligence, she cannot proceed with the gross negligence claim.”). And the record shows
no basis to assert that Fiesta Mart was grossly negligent. See Venancio, 804 F. Supp. 3d at 717.
The court grants the motion for summary judgment. 	(Docket Entry No. 17). 	Final
judgment is separately entered.
SIGNED on June 3, 2026, at Houston, Texas.
________________________________
Lee H. Rosenthal
Senior United States District Judge
Case 4:25-cv-01687 Document 20 Filed 06/03/26 in TXSD Page 3 of 3