United States Fourth Circuit

Even assuming that plaintiff established that an unsafe condition existed in defendant's mirror display when she arrived at the store, she failed to provide sufficient evidence of how much earlier the condition arose, and thus cannot establish that defendant had actual or constructive notice of the specific unsafe condition that injured her. Summary judgment for defendant is affirmed.

Appellate Information

• Decided 03/10/2004
• Published 03/10/2004

Judges

• Before WILKINSON, LUTTIG, and TRAXLER, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:James Broome Thorsen, Thorsen & Scher, L.L.P., Richmond, Virginia, for Appellant.  Michael Scott Bucci, Morris & Morris, Richmond, Virginia, for Appellee.