crmer spina shaugnessy, jansen siegert, llc

Summary Judgment Obtained Based On Lack Of Notice

 
Arguing lack of constructive notice, Stacy Fulco obtained summary judgment in a case where water was on the floor of a grocery store at the beginning of a check-out lane. The evidence showed that 25 minutes before the fall a store employee inspected the floors throughout the store and there was no water on the floor at that time. The court agreed that 25 minutes from the time of inspection until the time of the incident did not create constructive notice because the area of the fall was not visible by any other store employee. The plaintiff did not appeal this ruling, even though she was claiming substantial damages and injuries as a result of the fall.

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