Matthew Mott v. LP (2011)

MEMORANDUM OF DECISION RE DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (No. 113)

The motion for summary judgment now before the court contends that the defendant, Wal–Mart Stores East, LP, had no actual or constructive notice of the claimed defect that caused the plaintiff's injury.   The plaintiff claims that he slipped and fell on ice located on the defendant's premises.   The slip and fall is not disputed for purposes of the present motion, but the issue of notice is squarely before the court.   The motion was argued on September 6, 2011.   The materials submitted by the defendant indicate that it had no notice of the alleged defect prior to the fall.   The plaintiff's objection claims otherwise, but the problem is that the plaintiff has utterly failed to comply with P.B. § 17–46, which requires that, “Supporting and opposing affidavits shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated therein.”   Given this complete failure to comply with the requirements of the rules of practice, the plaintiff's factual assertions cannot be considered.

Under these circumstances, the motion for summary judgment must be granted.

Jon C. Blue

Judge of the Superior Court

Blue, Jon C., J.