Todd Rigby Beats Premises Liability Suit Against Grocer
Phoenix Partner Todd Rigby successfully defended a top international organic grocer from a six-figure premises liability claim filed in federal court.
The claim stems from a fall in front of the grocer’s sushi counter in June 2014. The plaintiff alleged that a slippery substance existed on the floor for a significant period of time and that the grocer failed to correct the condition despite actual or constructive notice. The plaintiff sustained multiple fractures from the fall and claimed permanent debilitating injuries as well as significant lost wages and lost earning capacity.
After conducting key discovery, we filed an expedited dispositive motion with the federal court. Utilizing store surveillance video, sweep logs, and related evidence, we argued in a motion for summary judgment that no unreasonably dangerous condition existed and that it was instead more likely that the plaintiff tripped over her own feet. The court agreed and dismissed the claim with prejudice.
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