Wiley v. Wegmans Food Markets, Inc. et al

Filing 50

MEMORANDUM OPINION. ORDERED that defendant's motion for summary judgment is GRANTED. The Court hereby enters judgment in favor of defendant and dismisses this action in its entirety. Signed by District Judge Liam O'Grady on 12/24/2014. (rban, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division Christin Wiley, Plaintiff, Civil No. l:14-cv-235 Hon. Liam O'Grady Wegmans Food Markets, Inc., Defendant. MEMORANDUM OPINION I. Overview This matter comes before the Court on defendant Wegmans Food Markets' motion for summary judgment. (Dkt. No. 32). The plaintiff filed an opposition, (Dkt. No. 39), and the defendant replied. (Dkt. No. 41). The Court heard oral argument on November 21,2014. Having carefullyconsidered the pleadingsand exhibits submitted by the parties, the Court GRANTED defendant's motion for summary judgment in an order dated December 5,2014. (Dkt. No. 45). That motion was granted for the reasons set forth below. II. Background This case arises out ofa slip and fall in a Wegmans grocery store.' On January 1,2011, plaintiff Christin Wiley (Wiley) visited a Wegmans store in Woodbridge, Virginia. (Dkt. Nos. 40 at 1,33 at 1). Another customer evidently broke a wine bottle near the deli area and the wine spilled onto the floor. (Dkt. No. 40-3 at 11). Surveillance footage shows that the spill occurred 1The plaintiffhas sued Wegmans Food Markets, Inc. and Wegmans Food Market (Potomac). The defendant has noted that Wegmans Food Market (Potomac) is not a separate entity, but is "only a location at which Wegmans Food Markets, Inc. operates a store." (Dkt. No. 1 at 2). Accordingly, the Court will treat the defendants as a single entity for purposes of this motion. 1

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