Friday, September 10, 2021

Summary Judgment Denied in Trip and Fall Case Where Issues of Fact Remain on Whether Doormat was a Dangerous Condition

In the case of O’Connor v. Speedway Super America LLC, No. 20-1453 (E.D. Pa. July 30, 2021 Joyner, J.), the court denied a Defendant’s Motion for Summary Judgment in a case where the Plaintiff alleged that she tripped on a floor mat.

The court found that, under the record before it, it was for the jury to determine if the mat presented a dangerous condition and whether the alleged condition had existed long enough for the landowner to be deemed to have had constructive notice of the condition. The court also noted that testimonial differences required that the case be allowed to proceed.

Anyone wishing to review a copy of this decision may click this LINK.  The Court's companion Order can be viewed HERE.

Source: “Digest of Recent Opinions.” Pennsylvania Law Weekly (Aug. 19, 2021).

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.