Dan Singel Wins Summary Judgment for Retailer

Dan Singel defended his retailer client against a customer’s personal injury claim. The customer claimed she fell on plastic newspaper banding in the parking lot, and the retailer acknowledged that the banding could have been dropped by one of its vendors. Despite this, Dan presented a motion for summary judgment based on the plaintiff’s speculative theory of liability, and the court agreed, entering summary judgment in favor of the retailer. The court held that speculation on the cause or duration of a dangerous condition is insufficient to withstand summary judgment. Dan also defeated the plaintiff’s spoliation motion. In the end, Dan negotiated a deal whereby the plaintiff agreed to pay the retailer for its litigation costs.