Walsworth Obtains Summary Judgment for Client in Personal Injury Products Liability Case

Partner Jessica Kim recently obtained summary judgment on behalf of a supplier of store fixtures in a personal injury matter involving causes of action for negligence and products liability.

The plaintiff alleged physical and emotional injuries as a result of her falling on a shelf corner guard at a retail store. The plaintiff pursued various theories of liability against Walsworth’s client, including that the client supplied the allegedly defective corner guard and had knowledge of the potential dangers of the corner guards but failed to undergo a retrofit campaign with the retail store to make the corner guards safer for customers.

The summary judgment motion was brought on the grounds that the plaintiff could not establish that the corner guard at issue was supplied by Walsworth’s client and that any attempts by the plaintiff to purportedly establish the client’s pre-incident sales to the retail store or the client’s knowledge regarding the alleged dangers of corner guards was based on the improper introduction of hearsay and unauthenticated documents.

In ruling on the motion the court found that Walsworth’s client successfully shifted the burden and that the plaintiff did not present any admissible evidence of a material fact warranting trial. As such, it was held that the plaintiff failed to meet her burden of proof and the matter was disposed of in favor of the supplier.

“I’m glad the court saw through plaintiff’s improper arguments and made a ruling based on the undisputable evidence that proved our client was not liable,” said Ms. Kim.

If you would like to learn how Walsworth can help defend your business against product liability and negligence claims, contact one of our experienced attorneys.