Joanne Biernacki v. Target Corporation
Published: Jan. 31, 2020 | Result Date: Oct. 28, 2019 |Case number: 18-cv-07381-DMR Summary Judgment – Defense
Judge
Court
USDC Northern District of California
Attorneys
Plaintiff
John A. Fetto
(Law Offices of John A. Fetto)
Defendant
Katrina R. Durek
(Burnham Brown APLC)
Aimee G. Hamoy-Perera
(Kaufman, Dolowich & Voluck)
Facts
On March 22, 2016, Joanne Biernacki slipped and fell while shopping at Target. She filed a lawsuit against Target as a result.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended that she fell to the ground near the main entrance of the store. Plaintiff contended that when she got up she saw water on both sides of her. She contended that defendant was liable under general negligence and premises liability.
DEFENDANT'S CONTENTIONS: Defendant contended that plaintiff's contentions were vague and generic. Defendant contended it lacked actual or constructive notice of the allegedly dangerous condition.
Result
The court granted defendant's motion for summary judgment on the grounds that plaintiff did not show that defendant had actual or constructive notice of the condition.
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