(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury case and its proceedings.)
It is worth noting that situations similar to those described in this slip and fall case could just as easily occur at any of the supermarkets in the area, such as Safeway, Raley’s, Bel Air, SaveMart, Walmart, or Whole Foods.
There are Triable Issues of Fact Whether XYZ Market Employees Either Created the Dangerous Condition, or Knew or Should Have Known About It
The key question for the Court on summary judgment is whether there are triable issues of fact for the jury to consider. Based on the evidence here, we know that 8:30 a.m. is a slow time for this store; there were very few customers present. We know from the testimony of plaintiff, and XYZ Market employees Nancy Smith and Sean Reilly that at the time of the accident there were extensive ongoing re-stocking procedures, involving one employee in the meat section ten feet away, one re-stocking the dairy case five to six feet from where plaintiff fell, and three to five employees in aisles within sight of the fall. We also know that employees were coming in and out of the double swinging doors located near the fall area. There were many boxes scattered on the floor in that area. For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
It is undisputed from XYZ Market’s documents and its PMK testimony that every employee has an equal responsibility to detect and correct slip and fall hazards on the floor.
Sateway claims that employee Jordan Groggs logged that he had finished his inspection of all 27,000 square feet of the store at 8:33 a.m. The accident occurred around 8:45 a.m. Assuming arguendo that Groggs did his inspection of the back aisle close immediately before he logged the sweep, as he has testified, then only about 12 minutes went by between his sweep and Ms. Black’s fall. At a time when there were very few customers in the store, and many XYZ Market employees re-stocking and coming out the back double doors, a reasonable jury could conclude that the liquid on the floor must have come from a XYZ Market employee. (See Part 10 of 12.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.