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Judge hears dueling arguments over whether a stray step stool was a "static" hazard in shopper's fall
Summary
At a Nov. 12 hearing, defense counsel argued the step stool that allegedly caused a customer’s fall was an open-and-obvious, static condition and that the plaintiff had prior traversal; plaintiff's lawyer said disputed facts about how long the stool had been present and whether store merchandise obscured it mean a jury should decide.
A Clayton County State Court hearing in a premises-liability case focused on whether a step stool that a shopper says caused her to fall was a removable “static” hazard or a jury question about how and when it was placed. Edward Alo, appearing for Cerrito Westernwear, urged the court to grant summary judgment under Georgia law, arguing that discovery and deposition testimony show the plaintiff never identified the stool as hidden or obscured and that prior traversal would impute knowledge to the shopper under the prior-traversal doctrine.
Alo told the…
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