Lyle Robinson and Ginny Deliman successfully obtained summary judgment on behalf of TWPD’s client, Lowe’s Home Stores, in a premises liability case.
The plaintiff was in the store shopping for paint and tripped and fell on a large blue lowboy cart that was situated along the side of the aisle. The cart was one of several that were being used by Lowe’s employees who were restocking shelves. During discovery, the plaintiff admitted that he had seen the cart while speaking to a Lowe’s employee. However, as he walked away from the conversation, he backed into the cart, tripped and fell. He claimed damages for injuries to his back and hip. Lowe’s argued that the lowboy cart was not an unreasonably dangerous object and thus the plaintiff could not meet his burden to establish Lowe’s liability for the plaintiff’s fall.
The U.S. District Court for the Southern District of Mississippi agreed with this position, reasoning that lowboy carts were the type of objects typically used in retail home improvement centers and which customers should reasonably expect to encounter in a similar business of this type. As a result, the Court granted summary judgment in favor of Lowe’s Home Centers and dismissed the case with prejudice.
This ruling sets precedent for future cases involving injuries arising from use of these types of carts, which are provided for use of customers shopping in retail home improvement centers.