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Farruggio v. Kraft Heinz Food Co.

Summary Judgment Denied in Cheese Factory Puddle Slip, Fall Personal Injury Action

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DECISION & ORDER I. INTRODUCTION1 On May 3, 2022, plaintiff Stephen Farruggio (“Farruggio” or “plaintiff”) filed this state-law premises liability action against defendant Kraft Heinz Foods Company (“Kraft” or “defendant”).2 Dkt. No. 1. Plaintiff’s amended complaint alleges that defendant, which operates a cheese manufacturing plant in Lowville, New York, allowed some cleaning liquid to pool on the floor of the facility. See Dkt. No. 13. Plaintiff, who was on the premises to service some of defendant’s equipment, fell on the wet, slippery floor and sustained personal injuries. Id. On April 8, 2024, following the completion of discovery, Kraft moved under Rule 56 of the Federal Rules of Civil Procedure for summary judgment on Farruggio’s negligence claim. Dkt. No. 51. The motion has been fully briefed and will be considered on the basis of the submissions without oral argument. II. BACKGROUND3 On the date of the incident at issue, Farruggio was employed by Bell-Mark as a salesperson. Defendant’s Statement of Material Facts (“Def’s Facts”), Dkt. No. 51-9 2; Farruggio Aff., Dkt. No. 53-7 1. Bell-Mark is a business specializing in manufacturing printing and coding machines. Def’s Facts 2. In his role as a salesperson, plaintiff was responsible for selling coding machines to Kraft. Farruggio Aff. 1. Kraft uses these coding machines in its cheese production line at its manufacturing facility in Lowville, New York (the “facility”). Def’s Facts

1,3. On May 3, 2019, Farruggio travelled to the facility to assist with installing a new coding machine in Kraft’s Multivac room, where Kraft produces its string cheese. Def’s Facts

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