The absence of some monitoring records and potential for spoliation of evidence by defendants should have precluded summary judgment in a slip-and-fall case against the Lehigh Valley Mall, the Superior Court has ruled.
The court on Feb. 20 reversed and remanded the Lehigh County Court of Common Pleas’ decision in Rodriguez v. Kravco, in which the trial court had granted summary judgment in favor of the defendants. The Superior Court reasoned that the absence of a record from the housekeeping company tasked with monitoring and spot cleaning the floors creates the possibility of a question of material fact in the case.
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