SWB attorneys Ryan Holt and Adam Crain recently obtained summary judgment for a retailer that was subsequently affirmed on reconsideration. The Plaintiff argued that the retailer failed to remedy a hazardous condition on the sales floor even after being on constructive notice of the condition. In defending their client, Attorneys Holt and Crain argued that the Plaintiff’s position required the Court to infer a conclusion which the evidence did not support. The Court agreed, declining to speculate with the Plaintiff that the condition had been there for a given period of time, and granted summary judgment.
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