Court Grants Summary Judgement from the Bench in Favor of Big Box Retailer
Plaintiff sued our client, a big box retailer, for damages related to a “trip and fall” incident that occurred at a store in Richmond, Virginia. Following a thorough case work-up, Gentry Locke attorneys Jeffrey Miller and John “J.P.” Brown filed a Motion to Exclude the testimony of Plaintiff’s testifying expert witness under Federal Rule of Evidence 702, and a Motion for Summary Judgment. At a hearing before Senior U.S. District Court Judge Henry E. Hudson on February 9, 2022, the Court granted summary judgment from the bench in favor of the big box retailer, and the Court denied the Motion to Exclude Expert testimony as moot.
The court granted summary judgment from the bench in favor of the client, finding the alleged hazard (a standard pallet-based display) was open and obvious, and the plaintiff was barred from recovery on the grounds of contributory negligence.