Summary judgment affirmed by Fourth Circuit

SWB attorneys Ryan Holt and Adam Crain obtained summary judgment in Federal Court for a retailer in a mat case. Applying South Carolina law, the District Court granted summary judgment in the absence of evidence about the tendency of the specific mat to wrinkle, twist, or crumple. The District Court reaffirmed its decision on reconsideration and the ruling was ultimately upheld by the United States Court of Appeals for the Fourth Circuit. The appellate court was persuaded by the absence of evidence about the actual condition of the mat prior to Plaintiff’s trip and fall and the retailer’s lack of notice concerning same.