Waldon v. Wal-Mart Stores, Inc.

Federal 7th Circuit Court
Civil Court
Negligence
Citation
Case Number: 
No. 19-1529
Decision Date: 
November 26, 2019
Federal District: 
S.D. Ind., Indianapolis Div.
Holding: 
Affirmed

Dist. Ct. did not err in granting defendant-store’s motion for summary judgment in action alleging that defendant was negligent, where plaintiff incurred injuries when she slipped and fell on plastic hanger on floor of defendant’s store. During discovery, defendant’s employees submitted affidavits declaring that they had not been notified of any potential hazards at time of plaintiff’s fall, and that defendant had instructed its employees to make periodic inspections of its store floor. Moreover, plaintiff conceded that she had no evidence indicating: (1) length of time hanger had been on floor at time of her fall; (2) last time any employee had inspected area where she had fallen; or (3) existence of anyone who had knowledge of hanger on floor prior to her fall. As such, plaintiff failed to present evidence that defendant had actual or constructive knowledge that its premises posed unreasonable risk of harm at time of plaintiff’s fall. Also, Ct. of Appeals issued rule to show cause why plaintiff’s counsel should not be sanctioned for altering photographs of store premises previously submitted to Dist. Ct. and for misrepresenting record to court.