ERIE -- Convenience store chain Speedway has filed a brief to support a motion for summary judgment on a case of slip and fall that took place at one of its stores.
The company filed the motion on Oct. 10 at the U.S. District Court for the Western District of Pennsylvania in the lawsuit filed by Karen Wood against Speedway. Wood sued the company after slipping and falling at a Speedway store located in Sharon. The action was initiated on Sept. 26, 2017, being removed to the Western District Court on Oct. 31, 2017.
As stated in the brief, "On the day of the incident, Wood entered through the front entrance of the Speedway
store and proceeded to walk over two sets of rugs adjacent to the doorway in the interior of the store," and she "did not notice anything on the floor when she entered the store."
After filling up a soda cup, grabbing a bag of potato chips and paying, Wood slipped on the floor and fell on a rug by the doorway area, her suit says.
Also stated in the brief, "Wood’s complaint alleges that she slipped and/or lost her balance when she came into contact with an accumulation of water on the floor," even though she "was not able to identify the amount of the alleged liquid, the color of the alleged liquid, or how long the alleged liquid had been on the floor."
She also mentioned that she did not remember seeing any liquid prior to her fall.
Speedway stated in the brief, as its argument for summary judgment, that Wood "is unable to demonstrate any material fact to establish the presence of any dangerous or hazardous condition of the Speedway which caused her to fall," as well as she also "has not, and cannot, present any evidence regarding how this alleged liquid got on the floor or for how long it was present."
Speedway is represented in the case by attorney Rebecca Sember Izak of Thomas, Thomas & Haffer LLP of Pittsburgh.
The U.S. District Court for the Western District of Pennsylvania Case No. is 2:17-cv-01408-PJP.