Summary Judgment Won in a Pennsylvania Premises Liability Case
We secured summary judgment in a premises liability case in Northampton County, Pennsylvania, dismissing all claims against a national sporting goods retailer. The plaintiff claimed he slipped and fell on a slippery substance inside a the store while testing out bicycles. The plaintiff and his wife admitted that after he fell, they did not inspect the floor and quickly left the store. Months later, and after filing suit, the plaintiff and an engineer visited the store and claimed that there was an open can of bicycle grease in the area where the fall had occurred. Based on this evidence alone, the plaintiff theorized, through an expert report, that he must have fallen on bicycle grease negligently left on the floor by the store staff. Summary judgment was sought on the grounds that no witnesses to the fall ever actually identified any substance on the floor, and that the expert’s opinion was based on pure speculation. The court agreed and dismissed all claims against our client.