Nicole Singletary v. Walmart, Inc.

Summary

The United States District Court for the District of Maryland denied Walmart, Inc.'s renewed motion for summary judgment in a premises-liability action brought by Nicole Singletary. The court held that factual questions remained regarding whether Walmart negligently failed to secure or inspect an acrylic television information sign that fell and injured the plaintiff.

Holdings

1. Summary judgment was inappropriate because Maryland premises-liability law does not require direct time-on-the-floor evidence in every case where the circumstances permit a reasonable jury to infer negligence and constructive knowledge.
2. Whether Walmart's routine inspections were adequate and whether the supervisor acted reasonably by not checking the fact tag immediately before the television was moved were questions for the jury, precluding summary judgment.

Questions Presented

1. Whether Walmart was entitled to summary judgment because Plaintiff lacked expert or specific time-on-the-floor evidence establishing how long the fact tag had been unsecured.
2. Whether the evidence permitted a reasonable jury to find that Walmart had actual or constructive knowledge of the hazardous condition and failed to exercise reasonable care in inspecting and securing the fact tag.
3. Whether the evidence concerning Walmart's inspection policies and the supervisor's decision not to inspect the fact tag immediately before moving the television created genuine disputes of material fact.

Disposition

other