Plaintiff sued our client, a large national retailer, in New York Supreme Court. She claimed she sustained serious personal injuries when struck by a wind-propelled shopping cart. Surveillance video revealed that the shopping cart was left in the parking lot by two customers approximately 90 seconds before the alleged accident. We removed to Federal Court, a more advantageous venue for our client, and moved for summary judgment at the close of discovery. Relying on the video and client testimony, we argued that our client did not create the condition and was not on notice of it. The Court granted the motion, rejecting plaintiff’s argument that a recurring dangerous condition existed and dismissing plaintiff’s lawsuit in its entirety.

Read the decision here