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

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.)

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