Marc Trachtman Law wins “gummy bear” MSJ
Facts: Plaintiff alleges she slipped and fell on a “flat old gummy bear” on the sidewalk of defendants’ premises. Plaintiff stated that the “gummy bear” was approximately .5 inches long and less than .5 inches tall. Marc Trachtman Law argued for Chase Bank and the shopping center owner that a timely inspection was timely completed by Chase Bank’s security guard and that the “gummy bear” did not present as a dangerous condition and was no more than a “trivial defect.”
Result: The court agreed with Marc Trachtman Law (via Adam Young, Esq.) and granted summary judgment for the defendants on May 5, 2022. The Court reasoned that the candy was small, barely visible, soft and malleable, compared to a dip in a jagged sidewalk. The court further held that a gummy bear “is not something dangerous, like broken stone, or the like, that could potentially break skin.” “While it may be unpleasant to step on, it certainly is not a general danger to a passerby.” The Court finally held that defendants were not on active or constructive notice in support of its granting of summary judgment.