Robb Cruser and Katy Hurley secured summary judgment in a slip-and-fall case in the U.S. District Court for the Northern District of Georgia. The plaintiff, who fell in the gas pump area of a QuikTrip store, suffered a complicated left wrist fracture and underwent an open reduction internal fixation surgery with total medical bills exceeding $36,274. The plaintiff alleged that the defendant willfully breached its duty by failing to keep the premises safe for invitees, such as the plaintiff, thereby causing a dangerous and hazardous situation. The plaintiff also alleged that QuikTrip failed to train its employees concerning procedures for inspecting, cleaning and maintaining the premises, and failed to adopt policies and procedures to ensure that appropriate inspections were performed.
Cruser & Mitchell attorneys successfully argued that a slip-and-fall accident had never been reported in the gas pump area previously, and the defendant had no reason to believe there were dangerous conditions in the area. Further, an employee had inspected the area within 30 minutes before the plaintiff’s fall – as part of the required procedures completed each day – and did not observe any liquid on the ground, showing that QuikTrip exercised reasonable care in the inspection of its premises. The judge agreed, and ordered the Motion for Summary Judgment.