Summary Judgment Granted in Slip on Grape Case

In the case of Pace v. Wal-Mart Stores, No. 17-1829 (E.D. Pa. Sept. 18, 2018 Baylson, J.), the court granted summary judgment to the Defendant was unable to show that the Defendant had actual or constructive notice of a hazardous condition in an alleged slip and fall on grapes or grape juice.  

Notably, where the Defendant produced an affidavit confirming that there was no video of the location where the Plaintiff fell and that no videos had been destroyed, the Plaintiff’s request for an inference of spoliation of evidence was denied.  

A nice overview of the current status of Pennsylvania premises liability law can be seen in this Opinion.

Anyone wishing to review a copy of this decision may click this LINK.

Source: “Digest of Recent Opinions.”  Pennsylvania Law Weekly (October 2, 2018).