In Wasnetsky v. Quinn’s Market, plaintiff and her husband, the decedent, were in the supermarket when the decedent suddenly fell, struck his head on the linoleum floor, and lost consciousness.  Five days later he passed away. Plaintiff sued alleging the decedent slipped on liquid on the floor. At the end of discovery, the supermarket moved for summary judgment on the basis that plaintiff failed to produce any evidence of a dangerous condition at the time of the slip and fall.  In similar slip-and-fall cases, evidence of the condition is shown by eye-witness testimony that liquid or another substance was present on either the floor or the body and clothes of the injured person.  In this case, there were three eye witnesses, and all three testified there was no liquid or other substance.  As a result, the court determined there was no dispute that a dangerous condition did not exist at the time of the slip and fall.

Thanks to Robert Turchick for his contribution to this post.