News Brief

Lowry Obtains Summary Judgment in Slip and Fall for Lack of Evidence

November 5, 2018

Michael Lowry (Partner-Las Vegas) obtained summary judgment for a Hispanic supermarket in a case where a customer slipped and fell on water in the store. During the discovery process, no evidence was located as to the water's source, how it got there, or when. The store introduced evidence of its slip-prevention inspection program, which correlated to video of the area showing the inspections occurring. The customer argued the inspections were insufficiently thorough and the employees walking through the area should have been turning their heads side-to-side, which could not be seen on the video of the area. The federal court hearing the case rejected those arguments. Even construing the facts in a light most favorable to the customer, there was no evidence as to when the water got on the floor. It would have been speculation for a jury to decide that the inspections were insufficient because there was no evidence indicating water was there to be discovered when the inspections occurred. 

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