ORDER RE: DEFENDANT’S MOTION FOR SUMMARY JUDGMENT; HEARING CONTINUED TO APRIL 11, 2018
On December 6, 2016, Plaintiff Rexann Jasso (“Plaintiff”) filed this action against Defendant Wal-Mart Stores, Inc. (“Defendant”) for general negligence and premises liability relating to a March 26, 2016 slip and fall at Defendant’s Sam’s Club Store (“the Store”).
On March 26, 2016, Plaintiff exited the restroom at the Store and fell near the manager’s office. (Undisputed Material Fact “UMF” No. 5.) In her Complaint, Plaintiff alleged Defendant allowed a slippery substance to gather on the floor and that she slipped and fell on the substance. (Complaint, ¶¶ GN-1, Prem.L-1.) Plaintiff had seen a Store employee cleaning the floor area where she fell and originally believed she had slipped on some liquid. However, neither Plaintiff nor Store employees could identify any liquid or wet substances on the floor in the area where she fell. (UMF Nos. 6, 7, 9, 12-15.) Defendant moves for summary judgment on
Hearing Date
April 05, 2018
Type
Premises Liablty (e.g. slip & fall (General Jurisdiction)
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ORDER RE: DEFENDANT’S MOTION FOR SUMMARY JUDGMENT; HEARING CONTINUED TO APRIL 11, 2018
On December 6, 2016, Plaintiff Rexann Jasso (“Plaintiff”) filed this action against Defendant Wal-Mart Stores, Inc. (“Defendant”) for general negligence and premises liability relating to a March 26, 2016 slip and fall at Defendant’s Sam’s Club Store (“the Store”).
On March 26, 2016, Plaintiff exited the restroom at the Store and fell near the manager’s office. (Undisputed Material Fact “UMF” No. 5.) In her Complaint, Plaintiff alleged Defendant allowed a slippery substance to gather on the floor and that she slipped and fell on the substance. (Complaint, ¶¶ GN-1, Prem.L-1.) Plaintiff had seen a Store employee cleaning the floor area where she fell and originally believed she had slipped on some liquid. However, neither Plaintiff nor Store employees could identify any liquid or wet substances on the floor in the area where she fell. (UMF Nos. 6, 7, 9, 12-15.) Defendant moves for summary judgment on