James Hankins and Avril Calhoun won summary judgment for the Salvation Army in a slip and fall case. In her case, Ms. Thompson filed suit against the Salvation Army, alleging she fell on something plastic when attempting to exit the store while returning her shopping cart. In the motion, James and Avril argued Ms. Thompson could only speculate about the cause of her fall. The trial court agreed and granted the motion, finding mere speculation about the cause of the fall is not sufficient to prevent summary judgment. The trial court further found that even assuming she fell on a plastic item, by Ms. Thompson’s own admission, the plastic item was not on the ground very long and thus, it would not have been discovered during a reasonable inspection. Therefore, the trial court found the Salvation Army lacked superior knowledge of any hazardous condition. In summary, the trial court granted summary judgment on all counts.
June 11, 2024
