PREMISES LIABILITY: District Court denies summary judgment based on circumstantial evidence that defect had existed for a significant period of time:

7/5/2017 | Peter K. O'Keefe
pkokeefe@jacksonokeefe.com

Category: Personal Injury & Wrongful Death

Peter K. O'Keefe

PREMISES LIABILITY: District Court denies summary judgment based on circumstantial evidence that defect had existed for a significant period of time:

The plaintiff allegedly slipped and fell due to a six-inch-diameter puddle of blue liquid.  The court found a genuine issue of material fact based upon evidence from the plaintiff that there were blue tracks made by shopping carts in several aisles of the Wal-Mart store, including aisles perpendicular to the one in which the plaintiff fell, as well as an employee’s statement that he witnessed a trail of liquid all around the department.  The defendant relied on a video purporting to show that the blue liquid was on the floor for at most four minutes prior to the fall.  However, the court declined to credit the video as counsel for the defendant failed to provide a copy of the video or upload it to the court docket.  Based on this evidence, the court held that a genuine issue of material fact existed as to whether the defect existed for a sufficient period of time for the defendant to have discovered it and remedied the condition.  Goffredo v. Wal-Mart Stores East, LP, 2017 WL 706598 (D.Conn. Shea, J.)

If you have a possible claim, you will need to review your options timely. For assistance, call the attorneys at Jackson O’Keefe now at (860) 276-8100.

With offices in Southington and Wethersfield, as well as satellite offices in East Haddam, Bloomfield, Farmington, and Marlborough our lawyers strive to meet the needs of area residents, making getting your legal services easier than ever.  Call us now to speak with us about your case. (860) 278-4040 during business hours or 860.966.7436 any time, or email us any time at info@jacksonokeefe.com

Our Wethersfield office:  
433 Silas Deane Highway
Wethersfield, CT 06109
Phone: 860.278.4040
Fax: 860.527-2500

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