Monday, April 20, 2020

Supermarket's Motion for Summary Judgment Denied in Trip and Fall Case

In the case of Jenkins v. Krenitsky’s Supermarket Corp., No. 17-CV-1489 (C.P. Lacka. Co. April 15, 2020 Nealon, J.), the court denied a supermarket’s Motion for Summary Judgment in a trip and fall case. 

According to the Opinion, a supermarket customer filed this premises liability lawsuit against the supermarket after she fell upon stepping into a parking lot pothole that was located close to the front entrance and sidewalk to the store. 

The Court emphasized that, during her deposition, the Plaintiff described the pothole as “a big hole” that was “pretty wide” and “about two feet long” and deep enough that she “could fee [her] ankles stuck in the hole.” 

Based upon this testimony, the court stated that there were issues of fact with respect to the Defendant’s claim that the pothole amounted to a trivial defect. 

The court also denied the store’s Motion for Summary Judgment based upon issues of fact as to whether the store acted reasonably to protect its customers where there was evidence that revealed that the supermarket did not have any policies governing periodic inspections of his premises, had not charged any of its employees with the duty of inspecting the premises for any dangerous condition, and where the store could not state when its parking lot had last been inspection prior to the fall in question. 

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

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