U.S. District Judge Joel Slomsky of the Eastern District of Pennsylvania has ruled that a slip and fall lawsuit against the popular retailer Dollar Tree had the legal merit to progress. Attorney Jason Manus of Kwartler & Manus, LLC in Philadelphia is handling the case on behalf of the plaintiff, who slipped and fell on spilled laundry detergent in the Sharon Hill Dollar Tree store back in September of 2016. In a statement he provided to The Legal Intelligencer, Attorney Manus was confident that defendant Dollar Tree’s “summary judgment was largely without merit” and he was pleased the court agreed with him.
Key Details of the Dollar Tree Slip & Fall Lawsuit
Manus’s client — Mr. Greg Nelson — was shopping in the Sharon Hill Dollar Tree when he slipped and fell on a puddle of spilled laundry detergent he had not noticed due to his understandable preoccupation with his shopping. In his tumble to the floor, he landed harshly. The injuries suffered to his knees, legs, hip, and lower back would later be described by a medical professional as “permanent.”
When an EMT and police officer arrive on the scene to help the fallen shopper and take reports, Nelson heard a cashier remark that another customer had already complained about the spill about 10 minutes before he slipped and fell. Based on this admittance of gross negligence of the store’s duty of care to provide shoppers with a safe environment, he came to Kwartler & Manus to file a lawsuit against Dollar Tree.
The retailer’s defense attorneys tried to shut down the lawsuit early by claiming the cashier’s statement was “inadmissible hearsay” and filed a summary judgment. Upon review of the Nelson’s testimony, which brought to light what he had overheard the cashier say that day, Judge Slomsky found the statement was legally valid beyond simple hearsay. In his explanation and response, Judge Slomsky noted the “statement is admissible because it is not being offered for its truth but is only being introduce to prove that [Dollar Tree] had notice of the detergent spill before [Nelson’s] accident.” He also noted that allowing the case to progress would allow a “factfinder” or jury to decide, assuming litigation was necessary and no fair settlement was offered to the plaintiff.
You can learn more about the ongoing Dollar Tree slip and fall lawsuit handled by Attorney Manus by clicking here and viewing a full article from The Legal Intelligencer. If you have questions about filing a premises liability claim of your own, call (267) 457-5570 to connect with the firm.