Sufficiency of Evidence

By: Derek Hawkins//December 30, 2019//

Listen to this article

7^th Circuit Court of Appeals

Case Name: Linda Waldon, et al. v. Wal-Mart Stores, Inc.,

Case No.: 19-1529

Officials: RIPPLE, ROVNER, and BRENNAN, Circuit Judges.

Focus: Sufficiency of Evidence

While shopping at a Wal-Mart store, Linda Waldon believes she slipped on a plastic hanger and fell causing her injuries. Under Indiana premises-liability law, a defendant must have actual or constructive knowledge of a condition on the premises that involves an unreasonable risk of harm to an invitee. After discovery, the district court concluded there was no evidence Wal-Mart knew of such a condition and granted it summary judgment. We review this decision, and we consider whether photographs the Waldons rely on to show store conditions have been intentionally altered, requiring sanctions against the Waldons’ counsel.

Affirmed with Order to show cause

Full Text

Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

Select Region or Brand

Upcoming Event