HM&B Obtains Final Summary Judgment for a Big Box Retailer

Plaintiff alleges she was injured after slipping on an orange pocket pad, used to absorb moisture, located on the floor of the meat department. Plaintiff relied heavily on a former employee’s testimony that spills and slip and falls occurred several times a week in the grocery and other sections of the store. However, the Court found that his testimony was not sufficient to establish that the specific kind of hazard (a ruptured pocket pad) occurred with any regularity in the specific area of the store (the meat department) such as to impute constructive notice on the store. The summary judgment motion was argued by Stephanie H. Vo, Esq. before the Honorable Cynthia Cox.