Summary Judgment Denied In Supermarket Slip and Fall That Occurred in Checkout Aisle

In the case of Scillia v. The Golub Corporation, No. 3772-CV-2022 (C.P. Monroe Co. Jan. 18, 2024 Williamson, J.), the court denied a Motion for Summary Judgment in a supermarket slip and fall case.

According to the Opinion, the Plaintiff’s incident occurred in a narrow pathway between checkout registers where the Plaintiff allegedly slipped and fell as a result of a liquid on the floor.

The Defendants filed a Motion for Summary Judgment arguing that the Plaintiffs failed to meet their burden of proving negligence in terms of actual or constructive notice of the condition, and/or under an argument that the doctrine of an open and obvious condition defeated the Plaintiff’s case.

The court denied the Motion for Summary Judgment after finding that issues of fact existed with respect to both arguments presented by the defense.

The court emphasized that the incident occurred directly in a check-out aisle that was being manned at all times by a cashier. The court distinguished this case from other grocery store slip and fall cases in other parts of of supermarket stores based upon, in part, upon the fact that the incident occurred in a narrow area where customers are required to walk and which area was directly in front of a cashier employee.

The court also noted that there were sets of cart tires on the floor in the area of the liquid puddle, which would tend to possibly show that the puddle was there for a longer period of time such that a jury could find that the puddle arguably could have been noticed by store employees before the Plaintiff encountered it.

With regards to the arguments made by the defense under the open and obvious doctrine, the court again found that there were also issues of fact on that question that should be left to be decided by a jury.

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

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