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Alshimary v. Wal-Mart Stores, Inc.
United States District Court, Eastern District of Michigan, Southern Division
April 29, 2015
NASER ALSHIMARY, Plaintiff,
WAL-MART STORES, INC., a Foreign Corporation, individually and d/b/a WALMART, WSE MANAGEMENT, LLC, WAL-MART, WAL-MART NEIGHBORHOOD MARKET, WAL-MART SUPERCENTER, WAL-MART STORE #4383; and WAL-MART STORES EAST, LIMITED PARTNERSHIP, a Foreign Limited Partnership, individually and d/b/a WALMART, WSE MANAGEMENT, LLC, WALMART, WAL-MART NEIGHBORHOOD MARKET, WAL-MART SUPERCENTER, WAL-MART STORE #4383, Defendants.
MEMORANDUM AND ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT (Doc. 11)
AVERN COHN, UNITED STATES DISTRICT JUDGE.
This is a premises liability case. Naser Alshimary (Plaintiff) is suing Wal-Mart Stores, Inc. and Wal-Mart Stores East, L.P. (Defendants), for injuries sustained after he slipped and fell on a puddle of yogurt while inside a Wal-Mart store in Dearborn, Michigan.
Before the Court is Defendants’ Motion for Summary Judgment. Defendants argue, inter alia, that Plaintiff’s claims are barred by Michigan’s open and obvious danger doctrine. For the reasons that follow, Defendants’ motion is GRANTED.
The facts described below are taken from Defendants’ Statement of Material Facts, as supplemented by exhibits and statements in the parties’ briefs.
On August 20, 2012, Plaintiff was shopping at a Wal-Mart store in Dearborn, Michigan, with his aunt and niece. Plaintiff had been to the Wal-Mart store several times before; he shopped there once or twice a month for at least one year prior to the incident.
After arriving at the store, Plaintiff followed his aunt and niece as they did their grocery shopping. Once their shopping was complete, Plaintiff walked with them to the checkout registers. While standing in the checkout line his aunt said that she forgot to get a few more items. Plaintiff escorted her to get these items because she does not speak English and he did not want her wandering around the store alone.
As Plaintiff was walking through the store, he suddenly slipped and fell to the floor. While on the ground, Plaintiff looked down and noticed a wet substance. He examined the substance and concluded that it was yogurt. Plaintiff did not know from who or where the yogurt came, or for how long it was there. Plaintiff testified that the yogurt spill was large enough to cover his shoes and pajamas from the waist down:
Q. Okay. Did you have yogurt on your left knee?
A. On my shoes and on my pajamas to where – on my ass part.
Q. I understand, but what other part? Did you have yogurt on your knee too?
A. I had it – excuse me, I had it like all from the knee down.
Q. Okay. All right. And so your knee obviously went ...