Case: Slip-and-Fall in Large Retail Store
Counsel: Alice Spitz and Mary B. Dolan Roche
Result: District Court’s Decision Affirmed – Federal Rules of Civil Procedure Govern the Burden of Proof when Moving for Summary Judgment in Diversity Actions
Plaintiff slipped and fell on a cart wipe while shopping in the toy aisle of a large retail store. Plaintiff claimed that the store had constructive notice of the condition because the wipe was dry at the time of the incident and the wipes are dispensed wet. The store moved for summary judgment arguing that plaintiff had failed to meet her burden in setting forth evidence indicating how long the condition existed on the floor prior to the accident. The Southern District granted our motion on behalf of the store. On appeal, plaintiff argued that the District Court erred by applying the federal summary judgment standard (Federal Rule of Civil Procedure 56) rather than the summary judgment standard under New York law. Under Rule 56, the plaintiff had the burden of proof to prove notice, as it would be the plaintiff’s burden at trial.
The Second Circuit affirmed the District Court’s holding. The Court held that Federal Courts sitting in diversity apply state substantive law, but federal procedural law. The Court rejected plaintiff’s argument that the New York state law should apply and held that Rule 56 applies because it is consistent with the Rules Enabling Act and does not violate constitutional principles. The Court further affirmed that the plaintiff failed below to proffer any evidence that created a material issue of fact as to whether the store created the condition or had notice of it.