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

Plaintiff alleged she was injured when she slipped and fell on an oily substance at a Walmart store. She further claimed Walmart had actual knowledge of the spill and failed to timely correct the condition. Wal-Mart argued Plaintiff could not establish that the retailer had actual or constructive knowledge of the substance on the floor before Plaintiff’s fall. The Court agreed with the retailer and held that Plaintiff did not meet her burden of establishing Wal-Mart had actual or constructive notice of the condition prior to her fall. It further held that, the record evidence at best showed that Wal-Mart had notice of the condition three seconds before Plaintiff fell which was insufficient, as a matter of law for Wal-Mart to correct the condition. Michael J. Dono and Suzette L. Russomanno were the HM&B lawyers who who secured the MSJ win for Wal-Mart.