Defense Makes "Clean Sweep" of Plaintiff's Claims

Obtained a defense verdict on behalf of a national grocery store chain in a jury trial in the Philadelphia Court of Common Pleas. The claim was brought by a customer who fell in water in a store aisle, resulting in an alleged cervical herniation as well as shoulder impingement, requiring surgery.  The water on the floor was located near a pallet stacked with boxes of gallon jugs that had been specially placed due to an anticipated hurricane.  After the fall, store workers found a partially filled jug with a missing lid on a nearby shelf.  In an attempt to avoid proving notice, plaintiff's counsel argued that the store created the condition by accidentally cutting the jug or its lid with a utility knife when removing a box lid.  To counter this theory, the defense presented testimony and exemplar photographs.  Alternatively, the plaintiff failed to prove constructive notice due to an inability to show that the water had been present for any significant length of time.  The defense referred to the store's inspection, or "clean sweep" program to demonstrate that the water had to have been spilled by a customer within 12 minutes of the accident.  The "clean sweep" program also was used to demonstrate the grocery chain's commitment to safety.