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Trip and fall

Dec 18, 2017

Tort/Negligence – Trip & Fall – Products Liability – Wrinkled Rug – Premises Liability

Rushton v. United States (Lawyers Weekly No. 002-214-17, 13 pp.) (J. Michelle Childs, J.) 1:15-cv-01378; D.S.C. Holding: Plaintiff alleges that defendant Cintas Corporation No. 2 provided a defective rug to the post office and that plaintiff tripped on a wrinkle in the rug and fell. Plaintiff’s product liability claim fails because her expert testified that […]

Jul 17, 2017

Tort/Negligence – Trip & Fall – Store Restroom Hallway – Wire Rack & Jumbled Boxes

Bradley v. Dollar General Corp. (Lawyers Weekly No. 002-077-17, 5 pp.) (Richard Mark Gergel, J.) 2:16-cv-00750; D.S.C. Holding: When she was walking down the hallway to the defendant-store’s restroom, plaintiff admitted to seeing the wire basket rack that tripped her; however, it is not clear from the record whether she saw the rack before or […]

Jul 17, 2017

Tort/Negligence – Trip & Fall – Gas Pump Hose – Open & Obvious

Welsh v. Speedway LLC (Lawyers Weekly No. 002-076-17, 10 pp.) (R. Bryan Harwell, J.) D.S.C. Holding: Plaintiff admitted that he saw the gas pump hose and was attempting to step over it when he tripped and fell. In other words, the gas pump hose was an open and obvious danger. Summary judgment for defendant. The […]

Jun 16, 2017

Landlord/Tenant – Commercial Lease – Tort/Negligence – Trip & Fall – Hole in Floor – Indemnity & Contribution Crossclaims

McAvoy v. Dolgencorp, LLC (Lawyers Weekly No. 002-156-17, 5 pp.) (Richard Mark Gergel, J.) 9:17-cv-00754; D.S.C. Holding: A landlord ordinarily has no duty to maintain premises that are under the control of a tenant, but here the defendant-tenant and the defendant-landlord agreed that the landlord would maintain structural aspects of the premises, including structural floors. […]

Apr 13, 2017

Tort/Negligence – Trip & Fall – Stacked Sandbags – 2015 Flood – Store Entrance

Fish v. CVS Pharmacy, Inc. (Lawyers Weekly No. 002-100-17, 8 pp.) (Cameron McGowan Currie, S.J.) 3:16-cv-00099; D.S.C. Holding: Unsure as to whether the flooding was over in early October 2015, the defendant-merchant kept sandbags stacked up on either side of its front door, and, as the plaintiff-customer exited the store (she had seen the bags […]

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