Wal-Mart Slip and Fall Lawsuit Allowed to ProceedApril 26th, 2013 by 1800thelaw2
Marina Andara, a New Jersey woman who filed a slip and fall lawsuit against the big box retailer Wal-Mart received good news yesterday. The state appeals court overturned a previous Superior Court decision to dismiss her case. Her case will return to active status, meaning it could be settled out of court, or it could go to trial.
The slip and fall accident occurred in 2010. Ms. Andara slipped and fell while walking to the self-service checkout area in the Wachtung store. Ms. Andara alleges that there was water on the floor, which caused her shoulder, neck and lower back injuries.
Wal-Mart got the complaint dismissed by providing a signed affidavit by an employee who reportedly walked in the same area just 5 minutes before Ms. Andara but saw no water on the floor.
The Superior Court overturned the dismissal on the basis that a jury would be able to conclude whether or not Wal-Mart “knew or should have known of the dangerous, slippery condition and that it posed a hazardous condition for customers.”
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