Minard v. Sam's East, Inc.

On December 6, 2018, the United States District Court for the Eastern District of Wisconsin issued a decision in Minard v. Sam's East, Inc. Plaintiff Sandra Minard sued Sam's East, Inc. (operator of Sam's Club) after she slipped on a grape while shopping and sustained injuries. Minard alleged negligence and failure to maintain safe premises. Sam's East moved for summary judgment, arguing there was no evidence it had actual or constructive notice of the grape on the floor. The court agreed, finding Minard failed to present any evidence regarding how long the hazard existed. Under Wisconsin premises liability law, a property owner is not liable absent notice and a reasonable opportunity to remedy. As such, the court granted summary judgment for the defendant and dismissed the case.

The court granted the defendant's motion for summary judgment, dismissing the plaintiff's claims with prejudice.

Whether the defendant had actual or constructive notice of the dangerous condition (a grape on the floor) to establish premises liability under Wisconsin law.

The ruling underscored the critical notice requirement in Wisconsin slip-and-fall cases, demonstrating that plaintiffs must produce evidence of how long a hazard existed to survive summary judgment. It serves as a significant precedent for retail premises liability litigation in the jurisdiction.