Stacy Fulco and Brian Shaughnessy Obtain Summary Judgment for Retailer In Premises Liability Action


The plaintiff alleged that a grocery store was negligent for leaving empty pallets on the store floor after the plaintiff tripped and fell on the pallets. The plaintiff admitted that she saw the pallets and intentionally walked around the pallets just before her fall.  The incident was caught by the store’s surveillance cameras.  Stacy and Brian filed summary judgment, arguing that the pallets were clearly open and obvious since the plaintiff walked around them and the store could not be held liable for the plaintiff’s own negligence.  Plaintiff’s counsel argued the distraction exception applied and in response, Stacy and Brian argued there was no evidence to support there was any distraction.  The judge agreed with the defense, finding that the plaintiff never testified she was distracted or that she forgot the pallets were on the floor.  The fall was a result of her inattentiveness and summary judgment was granted.