United States District Court, D. New Jersey, Camden Vicinage
& SIMON P.C. By: Marc I. Simon, Esq. Counsel for
MAYFIELD, TURNER, O'MARA & DONNELLY, P.C. By: John V.
Petrycki, Esq. Sara K. Saltsman, Esq. Counsel for Defendants
RENÉE MARIE BUMB UNITED STATES DISTRICT JUDGE
a personal injury suit. The one-count Amended Complaint
alleges that Defendant Target Stores, Inc. / Target
Corporation's negligence caused Plaintiff Joanne Edwards
to “slip and fall on a substance that was on the
floor” in the Target store located in Sewell, New
Jersey. (Amend. Compl. ¶ 11)
moves for summary judgment asserting that no reasonable
factfinder could find on this record that there was any
substance on the floor, or other dangerous condition of which
Target should have known, that caused Edwards to fall, and
even if there was, no reasonable factfinder could conclude
that Target should have known about it. The Court agrees on
both issues, therefore Target's Motion for Summary
Judgment will be granted.
early afternoon of April 20, 2015 Edwards, who was 76 years
old at the time, was shopping with a friend in Target when
she suffered two separate falls. (Statement of Undisputed
Facts (“SUF”) ¶ 1) Edwards testified that
Target was the fourth store that she and her friend had
visited since leaving the house after breakfast that morning.
(Edwards Dep. p. 26-29)
walking to the back of the Target store and determining that
Target did not have what Edwards was looking for, Edwards and
her friend began to walk down an aisle towards the front
entrance of the store with the intention of leaving. (SUF
¶¶ 2-3) Then Edwards fell and hit her left hip on
the floor. (Id. ¶ 3) Edwards' deposition
testimony is the only evidence in the record describing what
happened when Edwards fell:
A: . . . I don't know how I fell, why I fell. I think 1
stepped in something . . . it felt like glue or something[.]
Q: Do you know what caused you to go down to the ground?
A: I think I stepped in something. I don't know what it
was. It was on my shoe, whatever it was. . . . I felt my foot
stick to the floor.
Q: At any time before this fall that we're talking about
did you see anything on the floor?
A: No, sir.
Q: How did you come to believe that there was something on
the bottom of your shoe?
A: What else could it have been? I was fine. I felt great. I
was on my way out the ...