Plaintiff Tripped and Fell Over an Open and Obvious Condition

Case: Trip and Fall

Counsel: Alice Spitz and Mary Dolan

Result: Summary Judgment Granted in Favor of Department Store

Plaintiff alleged that while at a store owned by our client, they tripped and fell over a basket/cart holder, sustaining injuries. MSD submitted a summary judgment motion arguing that the basket/cart holder was an open and obvious condition and that there was no hazardous condition nor notice of a hazard condition made to our client. The Court found that the plaintiff failed to present any evidence of an affirmative act by the store in creating a hazardous condition and failed to prove that the store had notice. The Court awarded summary judgment in favor of our client.