Stacy Fulco Obtains Summary Judgment In Premises/Retail Liability Matter

 

Stacy Fulco obtained summary judgment for her retail client in Cook County. The plaintiff claimed she slipped and fell in the produce department of a grocery store due to leaves and water on the floor.  The store employees testified there were only green beans on the floor after the incident, as shown in the photographs, so the plaintiff amended the complaint to assert that green beans and water caused the fall.   A produce clerk also testified she inspected the fall area five minutes before the fall and it was clean, dry and free of any type of debris.  The summary judgment motion argued the store and its employees did not have notice of any defect on the floor, the sprinklers were  not in use and not the cause of the water and there was no duty to use a floor mat in the area.  The court granted summary judgment based on the arguments but the court also focused heavily on the plaintiff’s amendment to her complaint regarding the defect involved.  The court was troubled that the plaintiff testified leaves were the cause yet the complaint was amended based solely on the store employee testimony.  The court also indicated this discrepancy was a basis for summary judgment.  The plaintiff did not file an appeal.