Tuesday, March 31, 2020

Claim of Spoliation of Video in Slip and Fall Case Rejected

In the case of Pace v. Wal-Mart Stores East, LP, No. 18-3313(3d Cir. Jan. 28, 2020 Chagares, J., Greenaway, J., Greenberg, J.) (Op. by Chagares, J.)[Non-Precedential], the court affirmed the entry of summary judgment in favor of the defense in a slip and fall case.

Notably, the court affirmed the lower court’s ruling that the Plaintiff had failed to establish that the Defendant store had spoliated any surveillance video of the Plaintiff where the Plaintiff fell.

In this regard, the court noted that the Plaintiff did not have any evidence that any such video existed in the first place, let alone that it was destroyed.

The court also noted that the record confirmed that the alleged fall took place in a blind spot in the Defendant’s store in terms of any video surveillance.

On the liability issue, the court noted that there was no evidence in the record to establish that the Defendant either created the hazard or had any constructive notice of an allegedly defected condition. 

Anyone wishing to review a copy of this non-precedential decision may click this LINK.

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.

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