Summary Judgment Win for Indiana Office Client
Clausen Miller shareholder James M. Weck, partner Daniel Polsby and retired former Clausen Miller attorney Kimbley Kearney recently obtained summary judgment in Indiana state court on behalf of a client who specializes in mass merchandise assembly. Here, the client was subcontracted by a home improvement store in Northwest Indiana to assemble a product for display in the store. Plaintiff, a customer at the home improvement store, alleged that he sustained a head injury when he fell off a pallet after while attempting to pull a product from a shelf.
The Plaintiff alleged that the client acted negligently by leaving the pallets in the aisle blocking the product. The Court granted summary judgment stating Plaintiff’s own testimony was directly at odds with his negligence claims because he had acknowledged he saw and was aware of the danger the pallets posed before entering the aisle. Further, Plaintiff admitted that he knew the pallet was not placed in the aisle to be a stepping stool. As a result, the Court found that Plaintiff’s argument was insufficient to defeat the client’s assertion of summary judgment.
James M. Weck
Daniel L. Polsby