Thursday, May 26, 2022

Summary Judgment Denied for Issues of Fact In Wal-Mart Trip and Fall Case

In the case of Noga v. Wal-Mart Stores East, L.P., No. 10170 of 2019, C.A. (C.P. Lawr. Co. March 24, 2022 Hodge, J.), the court denied a Defendant store’s Motion for Summary Judgment in a trip and fall case.

The Defendant filed a Motion for Summary Judgment asserting that Plaintiff was speculating as to the cause of the Plaintiff’s fall in that the Plaintiff had allegedly not provided any evidence that any alleged defect in the sidewalk was the cause of her fall.

The court found that the Defendant was not entitled to summary judgment as there was sufficient evidence in the records, including a store manager’s deposition testimony regarding an alleged crack in the sidewalk where the Plaintiff fell, for a jury to conclude that the crack in the pavement was the cause of the Plaintiff’s fall.

As such, the Defendant’s Motion for Summary Judgment was denied.

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

Source: “Digest of Recent Opinions.” Pennsylvania Law Weekly (May 10, 2022).

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