Altiere v. Shoppers Food Warehouse Corp.

Filing 32

MEMORANDUM. Signed by Judge J. Frederick Motz on 10/23/2015. (nd2s, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND

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BONNIE ALITERE

v.
SHOPPERS FOOD WAREHOUSE CORP.

Civil No. - JFM-15-688

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MEMORANDUM

Plaintiff has brought this action for injuries she allegedly sustained in a slip and fall
accident at a store owned by defendant. Discovery has been completed, and defendant has filed

!I motion for summary judgment. The motion will be granted.
Plaintiff has presented no evidence that defendant was on notice of the liquid on the floor
which allegedly caused plaintiff to slip and fall. In a case such as this it is' the plaintiffs burden
to produce evidence to show that the store owner had actual or constructive knowledge of the
dangerous condition.
(1964).

Lexington Market Authority v. Zappala, 233 Md. 444, 446, 197 A.2d 147

Shopkeepers

"are not insurers of their customers'

safety and no presumption

negligence arises merely because an injury was sustained on a storekeeper's
Food, Inc. v. Mitchell, 334 Md. 633, 636, 640 A.2d 1134 (1994).
A separate order granting defendant's

premises."

of

Giant

1

motion and entering judgment on its behalf is

being ,entered herewith.
Date:

/5/

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AHld30-----A8

J. Frederick Motz
United States District Judge

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Plaintiff meculates that an employee of defendant who witnessed the fall "may have additional
facts nece:fs~r)£fdj~hJP.la~lJfhtltliZprevail." However, plaintiff never noted the deposition ofthis
employee. " ._,. , ..
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