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Lowry Secures Summary Judgment for Retailer; Court Does Not Adopt New Standard

October 12, 2017

Michael Lowry (Partner-Las Vegas) obtained summary judgment for a national retailer sued in Las Vegas federal court concerning a slip-and-fall accident, which was recorded on video and undisputed. However, to prove negligence the customer needed to show the retailer created the hazard (a water spill), had actual knowledge of the hazard but failed to remedy it or had constructive notice because the hazard was a virtually continuous problem. At the close of discovery Michael requested summary judgment because none of these alternatives could be proven. The customer instead attempted to change Nevada law by arguing that a virtually continuous hazard could be demonstrated if the retailer did not conduct "adequate inspections."  The local federal court refused to adopt this standard, noting Nevada law did not support it. After summary judgment was granted and the retailer presented its bill of taxable costs to the customer, the customer agreed to dismiss in lieu of an appeal.

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