Thursday, January 2, 2020

Pennsylvania Supreme Court Denies Appeal From Superior Court's Affirmance of Judge Nealon's Entry of Summary Judgment in Slip and Fall Case


Tort Talkers may recall that , on June 21, 2018, there was a Tort Talk post regarding Judge Terrence R. Nealon’s entry of summary judgment in favor of the defendant in the slip and fall case of Wasnetsky v. Quinn’s Market, as well as another Tort Talk post on April 23, 2019, confirming that the Superior Court affirmed that decision.

As a further update, it is noted that, yesterday, January 2, 2020, the Pennsylvania Supreme Court denied plaintiff's petition for allowance of appeal.  Here is a LINK to the Supreme Court's Order in this regard.

This decision is notable for the fact that the trial court entered summary judgment after finding that the liability experts offered by the Plaintiff failed to offer concrete evidence as to what type of substance was allegedly on the floor of the supermarket that allegedly caused the Plaintiff to fall and suffer fatal head injuries.  The court held that, to allow the case to proceed, would have only served to allow for impermissible conjecture on the part of the jury on the causation issues.

To view the prior posts on this case, please go to Tort Talk at www.TortTalk.com and type the Plaintiff’s name into the Search Box in the upper right hand corner of the blog.



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