PHILADELPHIA – A federal judge has ruled in favor of Save-A-Lot in a slip-and-fall lawsuit filed by a shopper who allegedly tripped over a pallet in the frozen food aisle of the grocery store.
In a June 12 decision, U.S. District Judge Jan DuBois for the U.S. District Court for the Eastern District of Pennsylvania granted Save-A-Lot’s motion for summary judgment against Marie Walker. Dubois said he found that “no reasonable jury could find that Save-A-Lot breached its duty of care.”
The ruling said Walker was shopping for pizza at a Philadelphia Save-a-Lot on Dec. 3, 2015, when she tripped and fell on a pallet in the middle of the frozen food aisle.
U.S. District Judge Jan Dubois
The pallet displaying cases of water was two feet from the freezer door, according to the order. Walker allegedly walked toward the pallet on her way to the freezer and placed her cart next to it. After browsing the freezer’s contents, she claimed she stepped backwards and tripped over the pallet.
“She claims she did not see the pallet, as she was focused on looking for frozen pizza,” DuBois said in his order.
Walker claimed she injured her ankle, back and shoulder after the fall. Save-A-Lot subsequently filed a motion for summary judgment, citing Walker for negligence and saying the “pallet created a known or obvious condition.” DuBois agreed, saying surveillance footage backed up the store's argument.
“Each pallet displayed cases of water stacked several feet high,” the ruling said.
DuBois noted that Walker stopped her cart next to the second pallet before turning to face the freezer and that she was standing “right next to the pallet,” which displayed cases of water at her “eye level and higher.” He found that she failed to avoid tripping over the pallet “by the exercise of ordinary care.”
“The fact that the plaintiff testified that she did not see the pallet because she was intent on retrieving an item from the freezer does not alter that conclusion,” DuBois said.