Stacy Fulco Obtained Summary Judgment Based on Notice

Stacy Fulco obtained summary judgment in Will County in a slip and fall case based on lack of notice. The area had been inspected within 20 minutes of the incident and the judge ruled that the store did not have actual or constructive notice. The plaintiff moved to strike the employee testimony regarding their common practice of inspecting the store to support that there was no notice since the employee could not specifically remember the inspection that was 20 minutes before the incident, even though it was documented and partially shown on video. The judge denied the motion to strike because it is proper for employees to testify about their common practices at work and the judge did not expect the employee to remember each inspection he performed of the store. The judge confirmed that stores do not have a duty of constant vigilance when inspecting for spills under a constructive notice analysis.