A Party’s Testimony Alone is Insufficient to Reach a Jury?

How much evidence must be gathered in discovery to defeat summary judgment?  Mora v. Walgreen Co. concluded the plaintiff’s version of events by itself is insufficient.[1]  The plaintiff asserted she tripped on a “transition strip” on the floor where the floor’s surface changed.

Plaintiff has presented no evidence beyond her deposition testimony to support her theory that the strip, which is less than one-sixteenth of an inch thick, or about the thickness of a dime, contributed to her fall. By contrast, defendant’s store manager testified at his deposition that aside from the instant case, he has not received any customer complaints about tripping, nor experienced any problems with the transition strip. To date, the transition strip continues to operate as it should.

In that context, the plaintiff had not gathered sufficient evidence in discovery to support her theory, so summary judgment was proper.



[1] No. 2:13-cv-1352, 2014 U.S. Dist. LEXIS 166860 (D. Nev. Dec. 1, 2014).