Thursday, July 8, 2021

No Summary Judgment Allowed Based on Lack of Notice in Slip and Fall Case Where Surveillance Tape Spoliated

In the case of Nixon v. Family Dollar Stores, No. 4:20-CV-00404 (M.D. Pa. May 20, 2021 Brann, J.), the court found that a claim of spoliation precluded the entry of summary judgment in a slip and fall case.

According to the Opinion, the court found that the Defendant spoliated surveillance camera tapes. The court found that this allowed for a permissive adverse inference jury instruction.

Based on the possibility of a permissive adverse inference, the court found that summary judgment was precluded with respect to any argument regarding notice of the alleged dangerous condition.

Anyone wishing to review a copy of this decision may click this LINK.  The companion Order by Judge Brann can be viewed HERE,

I send thanks to Attorney James M. Beck of the Philadelphia office of the Reed Smith law firm bringing this case to my attention.

Source of image:  Photo by Justin Buisson on


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