Summary Judgment Denied in Slip and Fall Case After Plaintiff Produced Expert Report Asserting that Floor Mat Was Dangerous

In the case of Perry v. Sam’s East, Inc., No. 1:21-CV-00301-SPB (W.D. Pa. Aug. 17, 2022 Baxter, J.), the court denied a Defendant store’s Motion for Summary Judgment in a slip and fall case after finding that genuine issues of material fact existed regarding whether the danger was known and obvious to the Plaintiff,  The court found that this question remained to be decided by the jury.

In this case, the Plaintiff alleged that the store was negligent for not having a slip resistant mat on the floor in a pedestrian walkway. The Plaintiff produced expert evidence in support of the claims presented.

The Plaintiff’s expert concluded that the Plaintiff fell as a result of an allegedly dangerous unsecured, loose mat in a foreseeable pedestrian walkway.

The court found that there is genuine issues of material fact to be decided by the jury. As such, the Motion for Summary Judgment is denied.

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

Source: Article - “Court Rejects Sam’s Club’s Motion to Nix Slip-and-Fall Case, Citing Questions of Whether Danger was ‘Known and Obvious,” By Riley Brennan of the Pennsylvania Law Weekly (Aug. 21, 2023).

HAVE A PREMISES LIABILITY CASE 

YOU WANT TO BRING TO A CLOSE 

BEFORE THE END OF THE YEAR?

DanCummins@CumminsLaw.net

570-319-5899