Personal Injury Lawyer Blog
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, Save Mart, Walmart, or Whole Foods.
(Please also 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.)
STATEMENT OF FACTS cont.
Plaintiff believes that she slipped and fell in a liquid substance because she claims that the seat of her pants felt wet on one side after the fall. However, plaintiff did not observe any liquid on the floor either before or after the fall. (Deposition of Pamela White, pages 85:23-86:1; 101:11-102:5; 109:1-21; 184:16-21.) Plaintiff concedes that she has no information as to how long the substance she claims she fell is was on the floor prior to her fall or how it came to be on the floor. (Deposition of Pamela White, pages 130:5-131:16; SSF, Fact No. 3).
After the fall, a paramedic pointed out what appeared to plaintiff to be a small piece of ham or turkey on the floor. (Deposition of Pamela White, pages 109:9-111:1.) Plaintiff concedes that she has no information as to how that piece of ham got onto the floor or whether it came from the sandwich she was carrying, and does not know how long it had been on the floor. (Deposition of Pamela White, pages 130:13-25.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
For purposes of this motion, defendant does not dispute that plaintiff fell, or even that plaintiff allegedly fell in a liquid substance. However, plaintiff cannot establish that there was anything on the floor for a sufficient period of time to provide constructive notice of any dangerous condition. (See Part 4 of 9.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.