Summary Judgment Granted in Supermarket Slip and Fall Case

In the case of Jordan v. Brown’s Superstores, Inc., Aug. Term 2023, No. 02262 (C.P. Phila. Co. Dec. 5, 2025 Yu, J.), the court issued a Rule 1925 Opinion requesting the Superior Court to affirm the trial court’s entry of summary judgment in a slip and fall case involving a Plaintiff who allegedly slipped and fell on pieces of watermelon on a supermarket floor.

The trial court noted that the Plaintiff did not present any evidence that the Defendant had created the hazard. The Plaintiff also did not produce any evidence that the store had any actual knowledge of the pieces of watermelon being on the floor prior to the Plaintiff’s fall.

Moreover, no evidence was produced that would enable the Plaintiff to prove constructive notice on the part of the store. More specifically, there is no evidence presented as to how the pieces of watermelon came to be on the floor, or how long they had been present.

In addition to entering summary judgment for these reasons, the court also noted that the Plaintiff did not file any response to the Motion.

The court noted that the Plaintiff’s failure to respond to the Defendant’s Motion for Summary Judgment provided an independent procedural basis to support the granting of the summary judgment motion under Pa. R.C.P. 1035.3(d).

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

Source of image: Photo by Shamblen Studios on www.unsplash.com.


Source: The Legal Intelligencer Common Pleas Case Alert, www.Law.com (Feb. 12, 2026).

LOOKING TO MEDIATE A SLIP OR TRIP AND FALL CASE?

Contact:

dancummins@cumminslaw.net

570-591-3969