Ann Webster v. Family Dollar Stores of Georgia, LLC d/b/a Family Dollar, et al.

Summary

The United States District Court for the Middle District of Georgia granted Family Dollar’s unopposed motion for summary judgment in Ann Webster’s premises liability action. The court held that Webster presented no evidence that the floor mat was defective or hazardous beyond the fact that she tripped and fell, and therefore could not establish the elements of her claims under Georgia law.

Holdings

1. Family Dollar was entitled to summary judgment because Webster presented no evidence, beyond the occurrence of her fall, that the floor mat was defective, dangerous, or otherwise constituted a hazardous condition.
2. Summary judgment was proper where Family Dollar identified the absence of evidence supporting Webster's claims and Webster failed to produce relevant and admissible evidence creating a genuine dispute of material fact.
3. Family Dollar was entitled to summary judgment on Webster's negligent hiring, training, and retention and vicarious-liability theories because the record contained no evidence supporting those claims.

Questions Presented

1. Whether Family Dollar was entitled to summary judgment on Webster's premises-liability claim because she presented no evidence that the floor mat constituted a defective or hazardous condition.
2. Whether Webster's failure to respond permitted the court to treat Family Dollar's properly supported factual assertions as undisputed under Federal Rule of Civil Procedure 56.
3. Whether the record supported Webster's pleaded or purported claims for negligent hiring, training, retention, and vicarious liability.

Disposition

other