Wednesday, January 8, 2020

Summary Judgment Granted in Slip and Fall Where Plaintiff Cannot Prove Dangerous Condition and/or Notice

In the case of Biggs v. Sam’s East, Inc., No. 18-945(W.D. Pa. Oct. 24, 2019 Pupo Lenihan, J.), the court granted summary judgment in favor of a Defendant store after the Plaintiff failed to produce sufficient evidence that the Defendant had actual notice or constructive notice of an allegedly slippery condition on the floor of the premises that allegedly caused the Plaintiff to fall.

According to the Opinion, the Plaintiff was sitting at a table in a café in the store when she noticed an elderly woman at an adjacent table fall. The Plaintiff did not know the cause of the woman’s fall and did not recall seeing anything around her seating area.

The Plaintiff got up from her seat to assist the elderly woman and the Plaintiff fell as she walked towards that person.

The Plaintiff testified that she did not notice the floor in front of her prior to her fall. The Plaintiff alleged that the floor was slippery and that, after the incident, she noticed that her pant leg felt damp. However, she did not identify any foreign substance on the floor.

The court entered summary judgment agreeing with the defense position that the Plaintiff failed to establish the presence of a dangerous condition and failed to establish that the Defendant had any notice of any allegedly dangerous condition.

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

Source: “Digest of Recent Opinions.” Pennsylvania Law Weekly (Nov. 12, 2019).

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