Tuesday, February 7, 2023

Summary Judgment Denied In Case Where Plaintiff Injured by Falling Books in a Bookstore

In the case of McConn v. Dollar General, No. 2:CV-01177-MJH (W.D. Pa. Dec. 19, 2022 Horan, J.), the court denied summary judgment in a case in which the Plaintiff alleged personal injuries as a result of books falling on her at a Dollar General store. 

The Plaintiff alleged that she was attempting to remove a book entitled Duct Tape Mania from the center of a bookcase. 

The Plaintiff testified that the shelf was jammed with books and that, when she tugged on the book she wanted, the vertical rack at the end of the shelf became dislodged and books fell upon her, allegedly injuring her.

The Defendant filed a Motion for Summary Judgment asserting that the Plaintiff had not raised any issues of material fact on whether the store either created the condition that allegedly caused the jammed books on the bookshelf or that the store had prior notice of the condition.

The court denied summary judgment after finding that the Plaintiff had presented sufficient evidence such that a reasonable jury could find that Dollar General had either created the condition that allegedly resulted in jammed books on the bookshelf and/or that the Dollar General allegedly had notice of that condition.

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

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