Case: Summary Judgment Granted to Department Store over Stanchion Trip and Fall
Counsel: Alice Spitz & Mary B. Dolan Roche
Result: Summary Judgment Granted.
Plaintiff tripped and fell over the base of a stanchion in the electronics department of a department store. Video Footage captured multiple store guests including the plaintiff pass the stanchion without incident prior to the accident. MSD moved for summary judgment on the basis that the stanchion was an open and obvious condition. Plaintiff opposed the motion claiming that because the stanchion was not in use and there were no ropes connecting it to other stanchions it was an inherently dangerous condition. The Eastern District awarded summary judgment to our client. The Court’s decision highlights that the condition was open and obvious because the plaintiff observed the stanchion prior to the incident and had ample space to maneuver around it.