Fields v. Wawa

Client: Wawa, Inc. and Wild Goose Holding Co., Inc.

Court: Superior Court, Camden County

Brief Attorney:  Betsy G. Ramos, Esq. and Voris M. Tejada, Jr., Esq.

**Results may vary depending on your particular facts and legal circumstances**

Plaintiff initiated suit after sustaining serious injuries in a fall which occurred at a Wawa store at 1:40 a.m. While plaintiff did not remember slipping or falling, he alleged that when he regained consciousness, he observed a large puddle of water in the area where his head landed. Video surveillance footage showed that when plaintiff fell, he fell on top of a yellow “wet floor” cone which had been placed by Wawa’s employees.

Capehart & Scatchard, P.A., on behalf of Wawa, filed a Motion for Summary Judgment. While there was a dispute as to whether there was any water on the floor which caused plaintiff’s fall, the Court found that, even assuming the existence of water, Wawa satisfied its duty to warn by placing the above-referenced warning cone. Plaintiff argued that there was a question of fact as to whether the cone was placed in a location which gave reasonable notice of the condition. However, Capehart argued, and the Court found, that given the fact that plaintiff fell on top of the warning cone, it was clearly placed in close enough proximity to the alleged water to provide warning of same. The Court thus granted Wawa’s Motion, dismissing plaintiff’s complaint with prejudice.

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