Personal Injury Lawyer Blog
(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.
In addition, Mr. Miller testified:
Q: Is this floor, as far as you’re concerned — is it something that if an employee is looking for water on the floor, you would expect him to see it and correct it?
A. Sure.
Q. If an employee is engaged in restocking activities in the area where Ms. Black fell, even if their job at that moment is to restock, if they saw water on the floor, they should clean it up,
A. Absolutely.
Mr. Miller also testified:
The store in question has 27,000 square feet of customer sales floor area. The time of plaintiff’s accident (roughly 8:45 a.m.) was a slow time for customers at the store. All employees are trained to look out for slip and trip hazards, including water. He does not know where all his employees were at the time of plaintiffs fall. Although there is videotape capability in the are where Ms. Black fell, there was no videotape. For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
The employee documents his inspection into the sweep log recording system after the sweep is completed. Mr. Miller saw plaintiff on the floor after her fall. He marked a “C” on the floor plan exhibit to his deposition showing where Ms. Black fell. Ms. Black was initially face down, but then sat up on the floor where she fell. She was there about 15 minutes before paramedics arrived.
The most common causes of moisture on the floor are meats and produce.
Deposition of Nancy Smith
Nancy Smith was working the dairy section. She testified as follows:
Based on her usual custom and practice, she was stocking yogurt and other dairy products on the morning of the incident. She claims not to have seen Ms. Black fall. Smith learned about the plaintiff’s accident from another employee named Alan when she was in Alan’s office for her lunch break. When Smith returned to the floor she saw Ms. Black on the floor. She does not know who else was doing re-stocking on the sales floor at the time of the incident.
Ms. Smith marked on the diagram attached to her deposition where plaintiff fell.
Employee Sean Reilly
Sean Reilly was working in the meat section. He testified as follows:
He was re-stocking meat that morning as was his usual custom. He is continuously on the floor, at least 90% of the time, while he does his work. He marked the diagram exhibit to his deposition where in the meat section he was working. He looked over and saw plaintiff on the floor. He does not recall if anyone was re-stocking the dairy section that day. (See Part 7 of 12.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.