Motion for summary judgment


Problem: While on vacation in State B, a customer, a citizen of State A, slipped and fell in a coffee shop. The coffee shop is a citizen of State B. The customer was hospitalized for a week in a local hospital; the hospital bill came to over $75,000. The customer sued the coffee shop in federal court in State B for those damages, along with a claim for pain and suffering, alleging that she slipped on a spilled latte that the coffee shop negligently failed to clean up. Immediately after discovery was completed, the customer filed a motion for summary judgment supported by an authenticated surveillance video that clearly shows that the spill had remained in place for half the day and that the customer actually did slip and fall on it. The customer also submitted a copy of her medical bills along with an affidavit from the records custodian of the hospital attesting to their genuineness. The coffee shop opposes the motion for summary judgment but offers no supporting evidence regarding the spill. It does, however, offer affidavits from an expert who states that the customer should have quickly recovered from his injuries without much difficulty.

 

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Other Subject: Motion for summary judgment
Reference No:- TGS03418386

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