Federal Court Grants Defendant, Retail Store’s, Motion for Summary Judgment in Slip and Fall Claim

Wendy Donnelly alleged she was injured when she slipped and fell on a liquid substance on the floor of Wal-Mart’s  store in Port St. Lucie, FL.  Donnelly alleged that Wal-Mart negligently failed to warn her of the liquid on the floor and also failed to maintain the store in a reasonably safe condition. Wal-Mart moved for summary judgment, arguing that it did not have actual or constructive notice of the liquid on the floor prior to the alleged incident. Wal-Mart did not owe Donnelly a duty to warn and did maintain the store in a reasonably safe condition, because the store did not allow the liquid to remain on the floor for a significant length of time, and the incident was not foreseeable due to similar past incidents.  Moreover, Donnelly argued that the flooring itself within the Wal-Mart store was unsafe; and argument which Wal-Mart disputed.  The Court agreed with Wal-Mart in all aspects, finding that Wal-Mart neither owed Donnelly a duty to warn, nor failed to maintain the premises in a reasonably safe condition.  The Court also rebuffed Donnelly’s argument that the flooring itself was unsafe.  Donnelly claimed various injuries requiring arthroscopic left knee surgery and numerous lumbar injections, for which she claimed she would need a future discectomy and fusion.  She sought over $100,000 in past medical charges, as well as approximately $150,000 in future medical bills. The Motion was written by HM&B partners Michael J. Dono and William H. Edwards.