Recently, the United States Court of Appeals for the Seventh Circuit issued a written opinion in an Indiana slip-and-fall case involving a woman’s fall at a pharmacy chain. The case required the court to determine if a lower court was proper in granting summary judgment in favor of the defendant. Finding that the plaintiff failed to establish that the defendant had knowledge of the hazard that caused her fall, the court affirmed judgment in the defendant’s favor.
The plaintiff was visiting a Walgreen’s pharmacy when she slipped and fell on what she believed to be a puddle of water. However, witness accounts differed regarding whether there was water on the floor after the plaintiff’s fall. Several store employees claimed that no water was present. However, the plaintiff and her friend testified that there was a puddle of water present. The plaintiff also told responding paramedics that she had slipped on a puddle of water.
At trial, the court determined that the plaintiff’s statement to paramedics was inadmissible hearsay, precluding it from consideration. Thus, the court then held that the plaintiff failed to make out her case against the defendant. The plaintiff appealed.