Court Rejects Summary Judgment For Open and Obvious Condition in Trip and Fall Case

In the case of Knepp v. Wal-Mart Stores East, L.P., No. 3:22-CV-144 (W.D. Pa. Feb. 28, 2025 Fischer, J.), the court denied a Motion for Summary Judgment in a case in which the Defendant relied upon the open and obvious doctrine relative to a trip and fall incident.

According to the Opinion, this matter arose out of an incident during which the Plaintiff tripped over a pallet corner that was protruding out from a watermelon display.  The Plaintiff offered a liability expert who offered an opinion that the store's placement of the watermelon display in a store aisle with the corner of the pallet protruding out violated OSHA standards to keep walkways clear.  The expert also opined that the display created a tripping hazard for customers and employees alike.   

In denying the summary judgment motion, the court ruled that, even assuming that the condition that caused the Plaintiff to trip was open and obvious, summary judgment was denied in this case where a jury could decide that the Defendant was negligent because the Defendant had reason to expect that a business invitee could be distracted, could fail to discover, and/or could fail to remember what was obvious and, could thereby fail to protect himself or herself.

Anyone wishing to review a copy of this decision may click this LINK.


I send thanks to Attorney James M. Beck of the Reed Smith office in Philadelphia for bringing this case to my attention.

Source of image:  Photo by Bo Cho on www.pexels.com.

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Allegations of Recklessness Allowed to Stand in a Complaint

In the case of Lupin v. Evans Delivery Co., Inc., No. 3159-CV-2024 (C.P. Monroe Co. Jan. 21, 2025 C. Daniel Higgins, Jr., J.), the court overruled a Defendant’s Preliminary Objections against allegations of recklessness in a civil litigation matter.

The court reviewed the current status of the law and noted that, under Pa. R.C.P. 1019(b), allegations regarding malice, intent, knowledge, and other conditions of the mind may be generally alleged.

This court also noted that the Superior Court has concluded that allegations of wanton conduct is a condition of the mind that may be alleged generally. This court also noted that the Superior Court had held that, because allegations of recklessness are synonymous with allegations of wanton and willful misconduct, allegations of recklessness may also be alleged generally.

As such, the court overruled the Defendant’s Preliminary Objections.

Anyone wishing to review a copy of this decision may click this LINK.

Source: The Legal Intelligencer Common Pleas Case Alert, www.Law.com (March 20, 2025).

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Court Addresses Admissibility of Expert Testimony Under the Federal Employer's Liability Act

In the case of Lindsay v. Delaware and Hudson Railway Co., Inc., No. 2019-CV-3949 (C.P. Lacka. Co. March 3, 2025 Nealon, J.), the court addressed a pre-trial Motion In Limine filed by the Defendants seeking to preclude the opinions of a Plaintiff’s medical expert in a personal injury claim arising out of the Federal Employer’s Liability Act. The Defendants contended that the Plaintiff’s medical expert’s causation opinions were inadmissible since they were based upon methodologies that were not generally accepted in the relevant scientific community.

After reviewing the expert’s report and noting that the expert had a section of his report entitled “Methodology” in which the doctor described the methodologies he utilized in formulating his general causation and specific causation opinions, the court denied the Defendant’s Motion In Limine.

The court note that the materials submitted for the court’s review confirm that the Plaintiff’s medical expert based his causation opinions upon his knowledge, experience, and training in internal medicine, oncology, and hematology, the review of the Plaintiff’s medical records and deposition testimony, the Defendant’s discovery responses, other expert reports, along with the application of the generally accepted methodologies for general causation and specific causation.

Anyone wishing to review a copy of this decision may click this LINK.

Source of image: Photo by Todd Trapani on www.pexels.com.

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Court Addresses Admissibility of Expert Opinions

In the case of Twigg v. Varsity Brands Holding Co., No. 4:23-CV-00067 (M.D. Pa. March 7, 2025 Brann, C.J.), the court provided the latest pronouncement on the Rules of Admissibility for an expert witness under Federal Rule of Evidence 702.

This products liability case arose out of an accident during which a baseball coach was struck by a batted ball that went through an L-screen net while he was pitching batting practice.

In his decision in this case Chief Judge Matthew W. Brann granted in part and denied in part Rule 702 motions regarding experts in the case. In so ruling, the court noted the following principles of law.

An expert’s lack of technical background does not render an expert unqualified where that expert has sufficient practical experience.

The court also ruled that an expert need not have familiarity with a product in order to evaluate the adequacy of a manufacturer’s testing protocols.

The court also noted that an expert may rely solely upon material provided to the expert by counsel. However, that expert is not permitted to rely upon material that has not been disclosed to the opposing party.

The court also reaffirmed the rule that an expert may not testify about matters outside the scope of their opinions.

The court also noted that experts may assume the truth of the contested facts asserted by the parties who hired them. The weight of such opinions depends on how the jury ultimately views the underlying facts.

Anyone wishing to review a copy of this decision may click this LINK.  The court's companion Order can be viewed HERE.


I send thanks to Attorney James M. Beck of the Reed Smith office in Philadelphia for bringing this case to my attention.