Negligence – Slip and fall
Where the plaintiff claims that a Target department store was negligent and failed to warn her of a puddle of rainwater before she slipped and fell, Target’s motion for summary judgment must be denied...
View ArticleNegligence – Slip and fall – Ice – Parking lot
Where a plaintiff who slipped on an icy parking lot on her way to work has brought suit against the defendant landowner, the defendant did not owe the plaintiff a duty of care.
View ArticleNegligence – Slip and fall – Dance floor
Where a plaintiff broke her leg in two places when she slipped and fell on a dance floor at a nightclub owned by the defendant, she cannot prevail on a negligence claim given the short length of time...
View ArticleNegligence – Slip and fall – Snow
Where a plaintiff was injured in a slip and fall incident in a parking lot owned by the defendant supermarket, the defendant must be denied summary judgment on the plaintiff’s negligence claim under...
View ArticleNegligence – Slip and fall – Snow
Where a defendant snow removal contractor has moved for summary judgment in a negligence action brought by a plaintiff who was injured when he fell in a parking lot, the summary judgment must be denied...
View ArticleNegligence – Slip and fall – Theater – Mode of operation
Where a plaintiff’s slip and fall at the defendant’s movie theater allegedly was caused by ice spilled on the floor, the defendant is not entitled to summary judgment under the mode of operation...
View ArticleNegligence – Slip and fall – Tiles
Where a defendant retail store has moved for summary judgment in a slip-and-fall case, the motion must be allowed for lack of evidence that the plaintiff’s fall was caused by any defect of which the...
View ArticleNegligence – Slip and fall – Snow – Shared driveway
Where a defendant was awarded summary judgment in a negligence action brought by the plaintiff, the plaintiff’s allegations were insufficient to show any breach of a duty of care, so the judgment must...
View ArticleNegligence – Slip and fall – Ice
Where a plaintiff who fell on the icy surface of a parking lot at commercial premises claimed that the defendant, as owner of the premises, negligently failed to maintain the lot in a reasonably safe...
View ArticleNegligence – Slip and fall – Contributory negligence
Where a plaintiff moved for a new trial or additur after a jury, finding the plaintiff to have been 40 percent negligent in a slip and fall accident, awarded the plaintiff $20,000 in damages, the...
View ArticleNegligence – Slip and fall – Stairs
Where the plaintiff injured herself by falling down the bottom few steps of a flight of stairs at a Target store and alleges negligence on the part of the company that managed the construction of the...
View ArticlePrivilege not waived in deposition
A Superior Court judge’s decision in a slip and fall case sheds new light on what a deposing lawyer can do when a witness changes key portions of his testimony after conferring with counsel midway...
View ArticleNegligence – Slip and fall – Pharmacy
Where a plaintiff was injured when he slipped and fell in the defendant’s pharmacy, the defendant was correctly awarded summary judgment because of the plaintiff’s lack of proof. “On April 2, 2008,...
View ArticleNegligence – Slip and fall – FTCA
Where a judgment was entered for the United States on a negligence claim asserted by a plaintiff who slipped and fell in a military “PX,” the evidence did not show actual or constructive knowledge of a...
View ArticleNegligence – Slip and fall – Store
Where a plaintiff customer of the defendant’s store injured her rotator cuff in a slip and fall caused by a pool of liquid on the store floor, the defendant must be awarded summary judgment given a...
View ArticleNegligence – Slip and fall – Restaurant
Where a plaintiff slipped and fell in a restroom at the defendant’s restaurant, he cannot show that the defendant caused or was aware of a puddle of water that caused the fall. Summary judgment must...
View ArticleNegligence – Slip and fall –‘Mode of operation’
Where a defendant club was awarded summary judgment in a suit brought by a plaintiff who was injured during a bachelorette party, the judgment must be affirmed given the inapplicability of the ‘mode of...
View ArticleNegligence – Slip and fall –‘Mode of operation’
Where a plaintiff suffered a fractured hip when she slipped on a stone from a gravel area maintained by the defendant retail store, an award of summary judgment for the defendant must be reversed, as...
View ArticleShopper hurts back after slipping on cherry pit
A 59-year-old woman was shopping in the produce section of an established supermarket when she slipped and fell, injuring her back. A cherry pit was later found to have been present on the floor at the...
View ArticleNegligence – Slip and fall – Contributory negligence
Where a plaintiff moved for a new trial or additur after a jury, finding the plaintiff to have been 40 percent negligent in a slip and fall accident, awarded the plaintiff $20,000 in damages, the...
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