JCPenney store in Dayton, OH. Credit: jetcityimage/Adobe StockJCPenney Customer's Slip-and-Fall From Bodily Substance Suit Best Left for a Jury to Decide, Judge Rules
A federal court concluded a reasonable juror could find JCPenny liable for negligence after the plaintiff slipped and fell on vomit in one of the company's Pennsylvania stores.
January 10, 2025 at 11:07 AM
4 minute read
A federal judge in Pennsylvania is allowing a slip-and-fall personal injury suit against JCPenny to move forward, concluding this week that a jury could find that the vomit the plaintiff slipped on wasn't an open and obvious danger.
In a Wednesday decision, U.S. District Judge R. Barclay Surrick for the Eastern District of Pennsylvania denied JCPenny's motion for summary judgment, concluding a juror could find the company liable for negligence as questions remained whether the substance on the floor in the store was an open and obvious danger. The parties disputed whether Johnson could have seen the vomit on the tile floor as he was walking through the store.
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