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.