Thursday, November 8, 2012
Summary Judgment for Defendant Denied in Store Slip and Fall Case
In this matter, the Plaintiff allegedly slipped on an advertising circular which was allegedly located on the floor of the store.
The court denied the Motion for Summary Judgment based upon issues of fact after the Plaintiff produced evidence to create a factual question as to whether the condition of advertising circulars on the floor was “pervasive and obnoxious.” The record before the court established that three employees saw the brochures on the floor near where the Plaintiff fell. Evidence was also produced that another employee explained that the brochures would typically fall onto the floor. Yet another employee recalled prior customer complaints of debris littering the store floor.
Based upon the record before the court, summary judgment in favor of the defendant store was denied.
I do not have a copy of this case.
Source: “Court Summaries” by Timothy L. Clawges in the November 5, 2012 Pennsylvania Bar News.
Source of image(unrelated to this matter): www.documentscanningsolutionsltd.co.uk.