Tuesday, December 26, 2023

Summary Judgment Granted in Slip and Fall Case - No Notice Proven

In the case of Smalis v. Home Depot U.S.A., Inc., No. 20-CV-1235 (W.D. Pa. Dec. 7, 2023 Hardy, J.), the court granted summary judgment in a slip and fall case. The court noted that the record did not have any evidence to suggest that the landowner had actual or constructive notice of an alleged spill.

In this decision, the court noted that a property owner has no duty to constantly monitor the premises and seek out any possible dangers.

In this case, the Plaintiff failed to produce evidence of the alleged duration of the alleged spill. The court noted that, even if the cleaning times were disputed, there was still no affirmative evidence as to how long any alleged spill allegedly existed.

As stated, the court granted summary judgment in favor of the landowner.

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

I send thanks to Attorney James M. Beck of the Philadelphia office of the Reed Smith law firm for bringing this case to my attention.

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