The Western District of Tennessee has found that a customer is entitled to pursue her personal injury claim against a grocery store at trial. In Jackson v. Kroger Ltd. Partnership I, a woman and her mother visited a Tennessee grocery store. While shopping, the woman was apparently injured when she slipped and fell on a clear liquid that was on the floor. After the woman fell, a store security guard helped the woman get up off the floor. According to the injured shopper, the security guard told her that he asked another grocery store employee to clean up the spill prior to the incident. The customer later filed a premises liability lawsuit against the grocery store.
Prior to trial, the store claimed that it had no knowledge of the purported spill. In addition, the grocery store argued that the injured woman could not prove how long the liquid was on the floor before she fell or that any of the store’s workers knew the spill occurred. Because of this, the store filed a motion for summary judgment in the case. In general, a motion for summary judgment may only be granted in situations where there are no material facts in dispute and one party is clearly entitled to judgment in his or her favor based upon the law. A court that is considering such a motion must construe any evidence offered in favor of the non-moving party.