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Balabous v. Lowe's Home Centers LLC

Lowe's Granted Judgment in Shopper's Negligence Suit Over Tripping on Shopping Cart

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MEMORANDUM & ORDER On May 15, 2020, plaintiff Chris Balabous injured himself when he tripped over a cart operated by another customer while shopping at Lowe’s Home Centers, LLC (“Lowe’s” or “defendant”). Plaintiff’s sole claim of negligence against Lowe’s rests on the contention that the defendant’s shopping carts perfectly matched the flooring, creating a kind of optical illusion. Both the undisputed facts and a surveillance videotape of the incident undermine this claim demonstrating both that the carts had yellow corners and the accident is attributable only to defendant’s inattention. Presently before the Court is defendant’s motion for summary judgment. For the following reasons, that motion is GRANTED. Factual Background Pursuant to Defendant’s 56.1 Statement, which is, with one exception noted below, uncontested, the relevant facts are as follows.¹ Plaintiff alleges that he sustained personal injuries on May 15, 2020 when he tripped and fell while shopping in the garden center at Lowe’s. DE 16-1, at 2. Plaintiff was at the Lowe’s to exchange two empty propane tanks and purchase a plastic bucket. Id. at 12. Plaintiff, after returning the propane tanks, inquired of a cashier where the buckets were located. Id. at

19-21. To retrieve the bucket plaintiff had to walk around a shopping cart at the next register. Id. at 28. Plaintiff testified that he noticed the cart. Id. at

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