FLB Law Uses Video Evidence and Novel Precedent to Obtain Summary Judgment for Retailer in Trip-and-Fall Case

Using video surveillance and novel case precedent, FLB Law partners Joshua Auxier and Matt Sportini successfully obtained summary judgment on behalf of a large grocery retailer in a premises liability case involving a customer who alleged that she was injured after tripping in the store’s aisle due to a stocking cart. They persuaded the court that there was no defective or dangerous condition and that the alleged hazard was open and obvious, eliminating any duty to warn.

The plaintiff claimed she tripped over a stocking cart positioned near store employees and sustained more than $20,000 in medical expenses. Her counsel routinely seeks multiple six-figure settlements on these types of cases. Surveillance footage, however, captured the incident showing the position of the cart and its actual size.

The motion for summary judgment relied on both Connecticut and out-of-state case law to demonstrate that the stocking cart was open and obvious and was not a dangerous condition but a common occurrence in grocery stores.  Thus, the court found no issue of fact, relying on the video and citing to case law put before it by Josh and Matt.  This result highlights how FLB Law’s attorneys work with clients to marshal evidence and case law that others miss to overcome the odds to resolve the case in the client’s favor.