Wednesday, August 25, 2021

Summary Judgment Granted in Wal-Mart Slip and Fall Case

In the case of Cole v. Wal-Mart, No. 20-3436 (E.D. Pa. July 1, 2021 Robreno, J.), the court granted summary judgment in favor of the Defendant store in a slip and fall case where the Plaintiff failed to offer any evidence that the Defendant had actual or constructive notice of the alleged dangerous condition that allegedly caused the Plaintiff to fall.

The court noted that the record did not have any evidence as to how long the alleged hazard existed. As such, a jury would be left to impermissibly speculate as to the issue of notice.

The court otherwise indicated that the presence of an employee near the hazard, in and of itself, is not sufficient to establish constructive notice on the part of the Defendant.

The court additionally noted that the alleged failure of the store employees to follow store policy also did not, in and of itself, establish a breach of the duty of care because the store policy is only considered after notice has been established.

The court otherwise also found that photographs of the spill secured after the accident were not probative of its existence prior to the accident.

Anyone wishing to review a copy of this 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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