A federal judge in Pennsylvania this week found luxury retailer Neiman Marcus liable for a model's injuries caused by a large, framed picture in a dressing room falling on her.

In a Wednesday ruling, Judge Mitchell S. Goldberg of the U.S. District Court for the Eastern District of Pennsylvania granted plaintiff Paris Inman-Clark's motion for partial summary judgment on the issue of liability, concluding undisputed evidence established that Neiman Marcus breached the duty of care for improperly hanging a 13-pound, wooden-framed painting on a wall. In part, Goldberg determined a factual dispute remained regarding the extent of Inman-Clark's injuries.

"I find that in failing to point to any evidence that the picture was hung securely so as to not create a hazard to business invitees and the undisputed facts establishing that Neiman recognized its duty to inspect its premises and failure to include inspection of heavy objects hung on a wall in a known business invitee area, Neiman breached the duty of care it owed to plaintiff," Goldberg said.

In Inman-Clark v. The Neiman Marcus Group, the model claimed she was injured while working as an independent contractor for a Philadelphia modeling agency when she was hired by Marchesa, a brand of clothing sold by Neiman Marcus, to model gowns for Neiman's customers at its store in the King of Prussia Mall. While Inman-Clark was waiting in the store's "personal shopper" dressing room, the framed painting fell on her head. Neiman employees came to Inman-Clark's aid, who was diagnosed with a concussion. Inman-Clark maintained that the record established that Neiman was negligent in improperly hanging and maintaining the picture, and that the store allowed a dangerous condition to exist on its premises by failing to inspect the picture after it was hung.

Goldberg granted Inman-Clark's summary judgment motion, concluding the undisputed evidence established that the defendants owed Inman-Clark, as a business invitee, a duty to exercise reasonable care in properly installing and inspecting its premises to ensure there weren't known or readily discoverable hidden dangers. Goldberg further concluded that this breach of duty resulted in the picture falling and striking Inman-Clark, who suffered injury as a result.

The plaintiff's complaint only featured a claim for negligence and, according to the court, such a claim, under Pennsylvania law, must establish that a duty or obligation existed, that the duty was breached, that a casual connection existed between the actor's breach of duty and resulting injury to the plaintiff and that the plaintiff suffered actual loss or damage.

The court determined that a special relationship existed between the parties and that the defendants owed her a duty to protect her against known dangers and dangers that "might be discovered with reasonable care." As the defendants didn't dispute that Inman-Clark was a business invitee in its King of Prussia Mall store, the court concluded Inman-Clark established Neiman owed her a duty to exercise reasonable care.

The court further concluded the undisputed record established that Neiman breached this duty by "negligently hanging a heavy object on a wall in an area Neiman knew would be frequented by business invitees and in failing to inspect for this hazard."

Goldberg also concluded the causation requirement was met, as nothing in the record refuted that Neiman's breach of its duty of care caused Inman-Clark's injury. According to Goldberg, the unrefuted record established that Inman-Clark was found in the store dressing room with a small, noticeable lump on her head, appearing dazed and complaining of a headache, dizziness and light sensitivity. Further, nothing disputed that one of Neiman Marcus's employees took Inman-Clark to an Urgent Care, where she was diagnosed with a concussion.

"Factual issues remain as to the extent of the injuries attributable to the incident in question, but liability on the part of Neiman Marcus has been established as a matter of law and plaintiff is entitled to the entry of summary judgment in her favor on liability," Goldberg said.

Inman-Clark's attorney, David D. Langfitt of Langfitt PLLC in Gladwyne, Pennsylvania, declined to comment. The defendants' attorney, Frank A. Chernak, of Montgomery McCracken Walker & Rhoads in Philadelphia, did not immediately respond to a request for comment.