Mitchell v. Target Corp.

ELLEN JEAN MITCHELL, et al., Plaintiffs, v. TARGET CORPORATION, Defendant.

Civil Action No. ELH-18-2908

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

October 18, 2019

MEMORANDUM OPINION

In this tort litigation, plaintiffs Ellen and James Mitchell filed suit against Target Corporation ("Target"). ECF 1-3 ("Complaint").¹ Plaintiffs allege that, due to the negligence of Target, Ms. Mitchell sustained serious injuries on July 31, 2015, when she slipped and fell while shopping at a Target store in Salisbury, Maryland (the "Store"). Id. In addition, plaintiffs, who are husband and wife, assert a claim for loss of consortium.

Target has moved for summary judgment (ECF 20), supported by a memorandum of law. ECF 29 (collectively, the "Motion") and seven exhibits. ECF 29-1 to ECF 29-7. Plaintiffs oppose the Motion (ECF 31-1), supported by two exhibits. ECF 31-2; ECF 31-3. Defendant has replied. ECF 33.

The Motion has been fully briefed and no hearing is necessary to resolve it. See Local Rule 105(6). For the reasons that follow, I shall grant the Motion. ECF 29.

I. Background

On the evening of July 31, 2015, Ms. Mitchell went back-to-school shopping at the Store. ECF 29-1 (Ellen Mitchell Deposition) at 73; ECF 29-2 (Karrsin Mitchell Deposition) at 16.² She was accompanied by her daughter, Karrsin Mitchell, and her granddaughter, Hanahsin Henry. ECF 29-1 at 73; ECF 29-2 at 12, 33.³ At the time, Ms. Mitchell was approximately fifty-nine years old, ECF 29-1 at 38; Karrsin was approximately fifteen, ECF 29-2 at 13; and Hanahsin was approximately twelve. ECF 29-1 at 11.

While Ms. Mitchell was at the check-out, a cashier told her about a sale that the Store was having on shoes. ECF 29-1 at 74; ECF 29-2 at 17. After purchasing her items, Ms. Mitchell went with Karrsin and Hanahsin to the shoe department, which was located towards the back of the Store. ECF 29-2 at 17. Finding nothing of interest, they decided to leave. Id. at 17-18. They proceeded towards the exit by walking through the baby clothing and baby products aisles. ECF 29-1 at 77; ECF 29-2 at 18.

As the group walked toward the exit, Ms. Mitchell, who was wearing "Flip Flops," stepped on a clear, slick substance on the tile floor. ECF 29-1 at 80; ECF 29-2 at 35-36; ECF 29-3 (Guest Incident Report). Neither Ms. Mitchell nor Karrsin saw the substance before Ms. Mitchell stepped in it. ECF 29-1 at 78; ECF 29-2 at 34. According to Karrsin, the puddle of liquid was roughly 8 to 12 inches in diameter. ECF 29-2 at 32. As soon as Ms. Mitchell stepped on the liquid, she "justflew up in the air and went down." ECF 29-1 at 80. She fell hard, hitting her head on the tile floor. Id. at 84. Karrsin sent Hanahsin to find a Target associate, as Karrsin crouched down beside her mother. ECF 29-2 at 36.

Target employee Bryan Willin, who was the first of two Target employees to respond to the scene, described the spill as an "oily substance . . . approx 10 to 12" in diameter (clear)." See ECF 29-4 (Willin Team Member Witness Statement). The substance has never been identified, however. ECF 29-1 at 78-79.

Both Ms. Mitchell and Karrsin acknowledged at their depositions that they did not know the nature of the substance, how it got on the floor, or how long it had been on the floor. ECF 29-1 at 79; ECF 29-2 at 48, 66. As Karrsin put it, they "just know that something slick and oily was there." ECF 29-2 at 28. She also indicated that, in addition to a large spot, there were two or three "little dribbles" around it. Id. at 33.

Notably, "within seconds, 30 seconds, when the fall occurred," a couple walked around the corner, because they heard Ms. Mitchell scream. Id. at 37. Ms. Mitchell and Karrsin both described the man as a white male dressed in a navy-blue shirt with the insignia of a volunteer fire department. ECF 29-1 at 86-87; ECF 29-2 at 48-49. The man asked if plaintiff was "all right" and if she "need[ed] help." ECF 29-2 at 37. Karrsin said that her mother slipped. Id. Karrsin testified that, in response, the man said: "My wife had just slipped in a spot and I had just talked with an associate, or whoever, someone at the front of the store who worked there, that there was something on their floors." Id. at 52; see also id. at 37. The man asked Karrsin if he could help Ms. Mitchell and said that "he had been doing work with the volunteer fire company[.]" Id. at 53. He told Karrsin that he had experience "with people who have . . . been injured[.]" Id.

The man squatted down next to Ms. Mitchell, took hold of her arm, and asked if she was okay. ECF 29-1 at 84. According to Ms. Mitchell, the man said to her: "I just went up there and told them my wife nearly slipped here." Id. at 91; see also id. at 85. Ms. Mitchell recalled that the man sounded "a little bit aggravated." Id. at 91. The man then asked someone to bring him a pillow for Ms. Mitchell. Id. at 88. Although the man stayed with Ms. Mitchell until the paramedics arrived, id. at 84, neither Ms. Mitchell nor Karrsin obtained the man's name or contact information. Id. at 86; ECF 29-2 at 60.

No Target employee witnessed the accident. Justin Giles, an assistant manager at the Store, arrived at the scene approximately five minutes after Ms. Mitchell's fall. ECF 29-2 at 73-74. Ms. Mitchell was still on the floor. Giles spoke with Karrsin. ECF 29-2 at 54-55. He asked Karrsin how her mother fell, requested her contact information, and inquired about what kind of shoes Ms. Mitchell was wearing. Id. at 58-60. Giles and Ms. Mitchell did not talk, although when Giles asked Karrsin about her mother's shoes, Ms. Mitchell interjected that her shoes came from Target. ECF 29-1 at 93-94.

Ms. Mitchell testified during her deposition that sometime after the accident Karrsin told her that Giles talked with the fireman. ECF 29-1 at 89, 92. According to Ms. Mitchell, Karrsin said that the fireman "got really testy" with Giles. Id. at 94. In contrast, Karrsin testified that she did not see Giles speak with the volunteer fireman. ECF 29-2 at 54, 75. And, Karrsin acknowledged that she did not mention her conversation with the man to Giles. Id. at 76-77.

An ambulance was summoned to the store at 8:14 P.M., and it arrived approximately ten minutes later. ECF 29-7 (Prehospital Care Report). Ms. Mitchell was carried out of the store on a stretcher and taken to Peninsula Regional Medical Center. ECF 29-2 at 55. Plaintiffs allege that,as a result of the slip-and-fall, Ms. Mitchell fractured her left femur, causing "great physical pain and mental anguish." ECF 1-3, ¶ 7.

The unidentified man is not mentioned in either the Team Member Witness Statement or Guest Incident Report completed by Willin or the Leader on Duty Investigation Report completed by Giles. ECF 29-3 (Guest Incident Report); ECF 29-4 (Team Member Witness Statement); ECF 29-5 (Leader on Duty Investigation Report). In response to the question "Who was at the scene when you arrived? (Please list names)," included on the Team Member Witness Statement form, Willin wrote: "Guest who fell and her daughter and granddaughter." ECF 29-4 at 2. And, during his deposition, Giles stated that he did not recall a man being on the scene or anyone asking him for a pillow. ECF 29-6 (Giles deposition) at 68-69. Further, he testified that if he saw someone rendering aid to an injured guest, he would have interviewed the witness. Id.

II. Standard of Review

Under Rule 56(a) of the Federal Rules of Civil Procedure, summary judgment is appropriate only "if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." See Celotex Corp. v. Catrett, 477 U.S. 317, 322-24 (1986); see also Formica v. Aylor, 739 F. App'x 745, 754 (4th Cir. 2018); Iraq Middle Mkt. Dev. Found v. Harmoosh, 848 F.3d 235, 238 (4th Cir. 2017). To avoid summary judgment, the nonmoving party must demonstrate that there is a genuine dispute of material fact so as to preclude the award of summary judgment as a matter of law. Ricci v. DeStefano, 557 U.S. 557, 585-86 (2009); Matsushita Elec. Indus. Co., Ltd. v. Zenith Radio Corp., 475 U.S. 574, 585-86 (1986); see also Gordon v. CIGNA Corp., 890 F.3d 463, 470 (4th Cir. 2018).

The Supreme Court has clarified that not every factual dispute will defeat a summary judgment motion. "By its very terms, this standard provides that the mere existence of somealleged factual dispute between the parties will not defeat an otherwise properly supported motion for summary judgment; the requirement is that there be no genuine issue of material fact." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-48 (1986) (emphasis in original). A fact is "material" if it "might affect the outcome of the suit under the governing law." Id. at 248.

There is a genuine issue as to material fact "if the evidence is such that a reasonable jury could return a verdict for the nonmoving party." Id.; see Variety Stores, Inc. v. Wal-Mart Stores, Inc., 888 F.3d 651, 659 (4th Cir. 2018); Sharif v. United Airlines, Inc., 841 F.3d 199, 2014 (4th Cir. 2016); Raynor v. Pugh, 817 F.3d 123, 130 (4th Cir. 2016); Libertarian Party of Va. v. Judd, 718 F.3d 308, 313 (4th Cir. 2013). But, summary judgment is appropriate if the evidence "is so one-sided that one party must prevail as a matter of law." Anderson, 477 U.S. at 252. But, "the mere existence of a scintilla of evidence in support of the plaintiff's position will be insufficient; there must be evidence on which the jury could reasonably find for the plaintiff." Id.

"A party opposing a properly supported motion for summary judgment 'may not rest upon the mere allegations or denials of [her] pleadings,' but rather must 'set forth specific facts showing that there is a genuine issue for trial.'" Bouchat v. Balt. Ravens Football Club, Inc., 346 F.3d 514, 522 (4th Cir. 2003) (quoting former Fed. R. Civ. P. 56(e)), cert. denied, 541 U.S. 1042 (May 17, 2004); see also Celotex, 477 U.S. at 322-24. And, the court must view...