Court finds no notice to defendant store for slip and fall on tomatillo

Plaintiff claims she was injured when she slipped on a tomatillo on the floor of defendant’s grocery store.  Plaintiff suffered a hamstring tear in her right leg, resulting in $28,000 in medical bills and a wage loss of $43,000 from time lost as a claims examiner for the U.S. Department of Labor.  In defendant’s motion for summary judgment, Attorney Michael Radak argued that there was no evidence that the store caused the tomatillo to be on the floor, nor did it have actual or constructive notice of its presence.  Summary judgment was entered in favor of defendant and upheld on appeal, both of which were successfully argued by Mr. Radak.