Slip and fall case entering Younkers Department Store is dismissed
Usha Shah fell just inside the door as she entered a Younkers, just after a significant rainstorm. The staff of the store had set out four yellow cones just inside the doorway in an attempt to warn entering patrons. It rejected Shah's injury claim on the basis that the tracked-in water from the rainstorm was "open and obvious," as was the hazardous condition of the marble tile in the doorway. She sued and the court dismissed her claim on the same basis.Shah's attorneys argued that the cones did not provide adequate warning outside the entryway, and that the condition could not be avoided by the time it was recognized. The Court readily dismissed these claims, suggesting that the injured woman should have anticipated tracked-in moisture and entered the store through the more carefully attended mall entrance. The Court also held that the trial judge's statement that he "had a great deal of problem with your client's credibility" did "not amount to a determination of credibility...."