PLUNKETT v. BEST BUY INC (2018)

MEMORANDUM ***

Judith Plunkett appeals the district court’s grant of summary judgment in this premises liability action. The parties are familiar with the facts, so we don’t recite them. This Court has jurisdiction under 28 U.S.C. ' 1291, and we affirm.

The district court properly granted summary judgment after it correctly determined that the shopping carts in the aisle did not constitute an unreasonable risk. See Iwai v. Emp’t Sec. Dep’t, 129 Wash.2d 84, 915 P.2d 1089, 1093 (1996) (holding that, under Washington law, a land possessor is liable to an invitee if “a condition on the land ․ involves an unreasonable risk of harm”). Because the position of the shopping carts did not pose an unreasonable risk, it was immaterial whether the risk was the result of active or passive negligence.

The district court did not abuse its discretion in excluding the testimony of Plunkett’s “human factors” expert. The court correctly determined that the expert’s opinions would not assist the trier of fact and were based on speculation. See Fed. R. Evid. 702.

AFFIRMED.