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Pamela Pierro's Summary Judgment Victory Upheld on Appeal

Pamela Pierro was successful on appeal in convincing the Third District Appellate Court to affirm the summary judgment she obtained at the trial court level.

The matter involved the defense of a slip and fall claim brought against a major retailer, arising from an incident occurring in one of its stores. The damages alleged were two herniated lumbar discs and approximately $28,000 in medical bills.

The trial court granted summary judgment based upon an inadequate notice defense. While a liquid product sold by the store was spilled in the automotive department, the area had been checked by an employee fifteen minutes prior to the alleged occurrence. After the occurrence, the bottle was found standing upright on a shelf with the cap removed. Summary judgment was granted on the basis that the store had no actual or constructive notice of the spill.

Plaintiff appealed the ruling, arguing that summary judgment was inappropriate because (1) the substance was a product from the defendant's store, and (2) an issue of material fact was raised concerning whether the defendant's employees would have discovered the spill in the exercise of reasonable care.

The Appellate Court affirmed the granting of summary judgment, stating that in the absence of evidence beyond the mere presence of a substance and an injury, summary judgment was appropriate. The Appellate Court opined that the Plaintiff was charged with producing some evidence, however slight, that an employee as opposed to another customer spilled the product, and that no facts were presented upon which an inference of negligence could be drawn.