Slip and fall summary judgment motion denied in IN ND

Plaintiff was a patron at a Target in Valparaiso when she tripped and fell when she “felt her foot catch on something.” Upon examination of the area she saw a hump in the floor mat where she had fallen. This area was in the direct field of vision of a cashier station.

Judge Simon denied Target’s motion for summary judgment, reasoning that the plaintiff’s testimony was enough to rise above mere speculation and that a jury could reasonably infer that the plaintiff caught her foot on the floor mat.

Furthermore, the fact that the defect was in the field of vision of a Target employee was sufficient to show that Target may have had constructive notice of the defect.

OPINION AND ORDER denying 10 Motion for Summary Judgment for Daugherty v. Target Corporation :: Justia Dockets & Filings.

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About Matt Anderson

I am civil trial attorney in South Bend, Indiana and have practiced on both sides of insurance and personal injury law in Illinois and Indiana for the better part of ten years. I created this blog as a way for other Indiana civil litigation and trial attorneys to get meaningful updates on cases ad issues that affect their practice. (I'll admit that there is some self-interest involved since it's also a handy way to summarize and file my own research.)

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