Facts

Plaintiff Rima Galoustian alleged that on Dec. 25, 2006, she was injured when she slipped and fell on an unknown substance on the floor while she shopping for soda and water at defendant Thrifty Payless Inc., dba Rite Aid. Galoustian reported to a Rite Aid cashier that she fell and then returned to the location where she fell and found a black scuff mark and indicated that the scuff mark may have been the cause of her fall.

PLAINTIFF'S CONTENTIONS:
Galoustian contended that she stepped on an unidentified substance that caused her to fall and that Rite Aid knew and/or should have known that the alleged unidentified substance was on the ground prior to her fall.

DEFENDANT'S CONTENTIONS:
Rite Aid contended that Galoustian's speculation as to what caused her to fall was insufficient to create a genuine issue of material fact. In addition, Rite Aid contended there is no evidence that Rite Aid had notice, whether actual or constructive, that there was any substance on the floor.

Consequently, because Galoustian lacked admissible evidence that the unidentified substance caused her to fall and/or that Rite Aid had notice of the unidentified substance on the floor where Galoustian fell, prior to her fall, Rite Aid contended that it was entitled to summary judgment, as a matter of law.

Result

Summary judgment granted. The court held that Galoustian could not maintain a case based upon a mere allegation that she stepped on something and was caused to fall, because no inference of negligence arises based simply upon proof of a fall on the owner's floor. The court reasoned that plaintiff's description of what occurred and what caused her to fall was too speculative to survive summary judgment. The court also held that plaintiff failed to demonstrate knowledge on behalf of Rite Aid. The case was reversed on appeal.

Other Information

FILING DATE: Dec. 11, 2008.