Manager Testimony Compels Plaintiff to Withdraw Case Personal Injury Case

FLB Law Partner Joshua Auxier prevailed in a matter in Harford Superior Court that resulted in the plaintiff withdrawing the case just a few days after Josh filed a motion for summary judgment.

The incident involved the plaintiff, who was shopping in the defendant’s grocery store when another customer struck her with a shopping cart. The plaintiff was bending over in an aisle when she was accidentally hit. She claimed that an oversized display obstructed visibility, contributing to the accident. This argument was based on the concept of "mode of operation," suggesting that the store's layout created a hazardous environment.

However, the defense successfully argued against the theory, citing testimony of a long-tenured manager who affirmed that such accidents were unprecedented in his experience. This testimony undermined the assertion that the store's layout posed a known danger and led the plaintiff to withdraw the case. The case had significant damages as the plaintiff had preexisting factors that contributed to this accident, leading to major surgery.

This result not only spared our client the expense of a trial but also averted the cost of discovery, especially related to medical experts.