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Armando Gomez v. the Stop & Shop Supermarket Co

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Before Howard, Selya and Lipez, Circuit Judges.

Plaintiff-appellant Armando Gomez, a Colombian national, sued defendant-appellee Stop & Shop Supermarket Co., after he slipped and fell while shopping. The district court entered summary judgment for the defendant. After careful consideration, we affirm.

The facts are not complicated. On June 19, 2007, the plaintiff entered the defendant’s supermarket in North Andover, Massachusetts. While walking through the greeting card aisle, he felt a strange sensation — as though he was unable to lift his right foot — which caused him to lose his balance and topple to the floor. His wife, who was browsing nearby, noticed skid marks close to the site of the fall; but neither she nor anyone else witnessed the incident, observed anything wrong with the floor, or saw any foreign substance there. The plaintiff was transported to a nearby hospital. He learned that he had fractured his hip and sustained other injuries.

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