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 Unsplash.com.