Defense Closes the Door on Plaintiff's Claim Against Retailer
Obtained summary judgment on behalf of a retail store client in a premises liability matter. The plaintiff walked into an automatic door that opened toward him at a retail store. He claimed that the door was defective, causing it to swing toward him at a rapid speed and strike him in the head. The incident was captured on surveillance video and showed that the plaintiff was merely not paying attention and walked directly into the door. At oral argument, the defense argued that the plaintiff failed to produce any evidence that the store was negligent or that a dangerous condition existed when the door opened. In addition, the plaintiff failed to produce an expert report regarding how the alleged condition could have occurred, making his testimony completely speculative. The court had previously granted the defense's motion to preclude the plaintiff from producing an expert. The court opined that the plaintiff failed to prove the store breached any duty of care, and noted there were photographs of a warning sign on the automatic doors.