Monday, November 21, 2016

Summary Judgment Granted in Federal Eastern District of Pennsylvania Slip and Fall Case

In the case of Breen v. Millard Group, Inc., No. 2:13-CV-06926 (E.D. Pa. Nov. 9, 2016 DuBois, J.), the Eastern District Federal Court granted a Motion for Summary Judgment in a slip and fall case.  

In this matter, the court found that the Plaintiff had no evidence as to the cause or origin of the spilled liquid.  As such, the Plaintiff did not have any evidence to establish actual or constructive notice on the part of the Defendant of an allegedly dangerous condition.  

The court ruled that the record confirmed that the Defendant’s documents reflected no actual notice of the condition.   The court also found that a Plaintiff was not entitled to a spoliation inference as the Plaintiff could not establish that any records were missing.   The court otherwise held that the mere lack of documentation does to establish spoliation.   

In this regard, the court found that the Plaintiff did not establish that her fall was reported to the Defendants so as to given rise to a duty to preserve any documents for evidence.

Anyone wishing to review a copy of the Court's Order in this case may click this LINK.  The actual Opinion can be viewed HERE.

I send thanks to Attorney James M. Beck of the Philadelphia office of the Reed Smith law firm for bringing this case to my attention. 

I send thanks to Attorney Darryl J. Ligouri of the Harrisburg, PA law firm of Smigel, Anderson & Sacks for sending me a copy of the actual Opinion.

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