February 2015 – Gerald Swann Receives Summary Judgment in Slip and Fall Case

In a slip and fall action, the plaintiff alleged on December 23, 2010, while a customer of the defendant, he slipped and fell due to a substance on the floor. Suit was filed on December 23, 2012. The original Complaint failed to properly identify the defendant and did not contain fictitious defendants. Video surveillance tapes from the fall revealed the plaintiff walked through the area of his fall on at least three separate occasions prior to falling. Following service of the Complaint, the defendant answered asserting the plaintiff’s original Complaint failed to name the proper party. The plaintiff sought to amend his Complaint on February 14, 2014 to identify the proper defendant.

The defendant filed a Motion for Summary Judgment premised on the fact the substance on the floor was an open and obvious condition, and the claim was barred by the statute of limitations. On February 10, 2015, the Circuit Court of Lowndes County entered an Order granting defendant’s Motion for Summary Judgment.