Tuesday, May 3, 2022

Summary Judgment Granted In Favor of Store Where One Customer Accidentally Hit Another With a Shopping Cart

In the case of Glidewell v. Giant Food Stores, Inc., No. 335-CV-2018 (C.P. Col. Co. Feb. 15, 2022 Norton, J.), the court granted a Defendant’s Motion for Summary Judgment in a supermarket premises liability case.

In so ruling, the court found that there were no genuine issues of any material facts in the record to demonstrate that the Defendant supermarket’s actions or inactions were a substantial factor in bringing about the injuries the Plaintiff alleged suffered when another patron allegedly hit the Plaintiff accidentally with a shopping cart while the two (2) individuals were standing in a check out line.

The court noted that the Plaintiff did not have any expert reports to suggest that a long line of shopping carts or individuals in the cash register area was a dangerous condition in a supermarket check out area. 

There was also evidence presented in the record that there were several witnesses who indicated that there was sufficient room for the person who struck the Plaintiff with the shopping cart to navigate her shopping cart around where the Plaintiff was standing at the time of the incident.

As noted, based upon the record before the court, summary judgment was granted in favor of the store.

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

Source: “Digest of Recent Opinions.” Pennsylvania Law Weekly (April 12, 2022).

Source of image:  Photo by Eduardo Soares on www.unsplash.com.

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