A recent appellate court decision has reversed a lower court’s summary judgment in favor of a grocery store chain, highlighting the ongoing legal battle over a slip-and-fall incident. The case, filed by Roberta Ruda in Cook County on August 2, 2021, against Jewel Food Stores, Inc., centers around an alleged negligence claim after Ruda slipped on a cherry pit at a Jewel-Osco store.
Ruda’s complaint details that she fell on May 29, 2021, while shopping at the Deerfield location of Jewel-Osco. She asserts that the store breached its duty of care by failing to maintain safe premises and not adequately inspecting or cleaning the floor near the cherry display. According to Ruda, this negligence led to her slipping on a cherry pit that had been left on the floor. The store director reportedly saw the cherry pit on Ruda’s shoe but did not inquire further about how she fell. Despite acknowledging the presence of cherries for sale and their potential hazard, Jewel Food Stores argued that Ruda was negligent herself for not paying attention and avoiding obvious conditions.
The defendant’s response included an incident report stating that Ruda slipped on a cherry pit while wearing walking shoes. This report also noted that no sweep logs were filled out for the area where she fell and lacked evidence of any cautionary measures like cones or mats being in place. During depositions, store employees confirmed that it was common for customers to eat cherries and spit out pits onto the floor, indicating a recurring issue with debris from cherries.
On February 16, 2022, Jewel Food Stores moved for summary judgment. They presented various exhibits including deposition transcripts and surveillance footage showing routine activities within the store before Ruda’s fall. However, despite these submissions, inconsistencies in sweep logs and employee testimonies raised questions about whether proper maintenance protocols were followed.
Ruda’s injuries from the fall were severe; she suffered a severed patella tendon and multiple fractures requiring surgery and extensive rehabilitation. She claims ongoing pain and limitations in daily activities due to her injury. In light of these facts, she seeks relief through damages for her medical expenses, pain and suffering, and other related costs.
The appellate court found significant issues with how the trial court handled evidence regarding constructive notice of hazardous conditions at the store. Specifically, they noted discrepancies in sweep logs and employee admissions about regular occurrences of cherry pits on floors during sales periods. The court concluded there were genuine issues of material fact regarding whether Jewel Food Stores exercised reasonable care to prevent such incidents.
The case is now remanded for further proceedings under Judge Gerald V. Cleary.
This article was first published in Cook County Record.
