In the case of Johnson v. Penney, No. 2:22-CV-03665-RBS (E.D. Pa. Jan. 8, 2025 Surrick, J.), the court denied a Motion for Summary Judgment filed by the Defendant, J.C. Penney relative to a slip and fall event in a case in which the Plaintiff alleged that he slipped and fell on a substance he believed to be vomit while he was shopping at the Defendant store.
According to the Opinion, just prior to the incident, the Plaintiff was walking through the children’s department of the store, primarily looking ahead while also noticing items on the surrounding display racks. He suddenly felt a slippery substance under his feet and slipped and fell.
The Plaintiff admitted that he did not see the slippery substance on the floor prior to his fall even though his view was unobstructed. The substance on the floor was described as being 1-2 feet in diameter and was a slightly brown color that was almost the same color as the floor.
The court also confirmed that the Defendant store conceded that it did not immediately clean up the substance once it was reported prior to the Plaintiff’s fall. An employee of the store testified that she had informed a manager on duty multiple times that there was vomit on the floor prior to the Plaintiff’s fall. The store employee stated that she was advised by the manager that the priority at the time was addressing a leak in the ceiling.
In this matter, the Defendant argued that the Plaintiff’s claims failed because the substance on the aisle floor was an open and obvious danger that the Plaintiff should have seen and avoided. The Plaintiff argued that genuine issues of material fact existed as to whether or not the substance was open and obvious condition.
The court denied the Motion for Summary Judgment and found that, drawing all inferences in a light most favorable to the non-moving party as required by the applicable standard of review, reasonable jurors could disagree as to whether or not, under the circumstances presented, the substance on the floor constituted an open and obvious danger.
Anyone wishing to review a copy of this decision may click this LINK. The Court’s companion Order can be viewed HERE.
Source: Article – “JCPenney Customer’s Slip-And-Fall From Bodily Substance Suit Best Left For a Jury to Decide, Judge Rules” by Riley Brennan of The Legal Intelligencer (Jan. 10, 2025).