Maryland Judge Denies Lowe's Attempts to Bury a Slip-and-Fall Suit, Disputes Remain Over Bag of Soil
“As in Tennant and Smith, the allegedly dangerous condition here was on the floor of a store, but the customer’s attention was directed upward. While the bag of soil that Plaintiff tripped on was large and unobstructed, a jury would be entitled to consider whether Plaintiff’s attention was reasonably focused on the flowers on display rather than on the ground where she would have seen the bag,” U.S. Magistrate Judge Ajmel A. Quereshi for the District of Maryland said.