Heavy Reading: Summary Judgment Recommended in Case Where Plaintiff Hit By Books He Accidentally Pulled From Shop Shelf

In the case Pidich v. Wal-Mart Stores, Inc., No. 3:24-CV-1848 (M.D. Pa. Oct. 28, 2025 Bloom, M.J.), the court recommended the entry of summary judgment.

According to the Opinion, the Plaintiff was reaching up to try to get a book out of a box on a top shelf.  The book was wedged in the box tightly with other books.  The Plaintiff testified that he "pulled really hard" and the Plaintiff was then hit by multiple falling books.

This all occurred in an aisle where there was a sign that directed customers to "[a]sk for assistance with items on the top shelf."  

In this matter, Federal Magistrate Judge Bloom found that the Plaintiff violated an explicit warning to ask for assistance for items on the top shelf. As such, the court found that the evidence established that the Plaintiff caused his own injuries when the item he pulled off the top shelf fell upon him.

The court additionally noted that, assuming that the item was not, in fact, on the top shelf, then the Plaintiff had no evidence to show that the Defendant had notice of an allegedly dangerous condition.

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

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

Source of image:  Photo by Becca Correia on www.pexels.com.