Hawkins v. Menard, Inc.

District Court, C.D. Illinois·Decided March 24, 2025·No. 1:23-cv-01363·Unknown

Opinion

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF ILLINOIS PEORIA DIVISION

BARBARA HAWKINS, ) ) Plaintiff, ) v. ) Civil Case No. 23-cv-1363 ) MENARD INC. d/b/a MENARDS, ) ) Defendant. )

ORDER AND OPINION Plaintiff Barbara Hawkins initially filed this case against Defendant Menard Inc. d/b/a Menards (“Menards”) in the Eleventh Judicial Circuit Court McLean County, Illinois, seeking damages for injuries she sustained after tripping over a pallet at a Menards store in Normal, Illinois. (D. 1-1).1 Menards removed the matter to this Court under 28 U.S.C. § 1332. (D. 1). Presently before the Court is Menards’ Motion for Summary Judgment. (D. 13). For the reasons set forth below, the Motion is GRANTED. I. UNDISPUTED FACTS On October 15, 2021, Hawkins was a customer at the Normal Menards. While walking down a main aisle she stopped a Menards team member, Alex Wilson, to ask where the bug spray was located. Wilson had with him a “pallet jack,” which is tool used to move pallets. The pallet jack was 48” x 48” with an orange base, a black handle, and tines. Wilson stopped, put the pallet jack in the parked position, talked to Hawkins and explained where it was, and pointed her in the direction to go.2 Wilson and Hawkins were less than three feet apart. All the while, Hawkins saw

1 Citations to the docket are abbreviated as (D. __.). 2 Hawkins disputed Menards’ SOF ¶¶ 7 and 11, apparently taking the position that only pointed and did not explain where to go, referencing her own testimony (D. 15, p. 21). In that testimony, however, Hawkins states “I went exactly the way he said.” Id. (citing D. 15-1, p. 23). She later testified Wilson “said go...that a way,” and that she “went the the pallet as she was talking to Wilson and testified that “the pallet [was]…so big.” This conversation lasted less than twenty seconds. (D. 14, video exhibit).3 After their conversation ended, Hawkins started walking in the direction of the bug spray and took three steps before she tripped and fell over the pallet. II. PROCEDURAL HISTORY

In September 2023, Hawkins sued Menards in state court asserting that she “was caused to be injured when she tripped and fell…due to the presence of an unattended pallet.” (D. 1-1, ¶ 6). Menards removed the action to this Court base on diversity jurisdiction under 28 U.S.C. § 1332. (D. 1). In her answers to interrogatories, Hawkins attested that “she was caused to trip and fall due to a pallet that was left unattended in the middle of the walkway.” (D. 13, ¶ 15, citing D. 13-5, p. 5) (emphasis in original). In December 2023, Menards served requests for admission pursuant to Federal Rule of Civil Procedure 36, seeking Hawkins’ admission that: a. At the time of Plaintiff’s fall, the pallet in the middle of the aisle was left unattended, and

b. At the time of Plaintiff’s fall, no Menards team member was within twenty-five feet of the pallet.

(D. 15, ¶ 16, citing D. 15-4, p. 9). Hawkins did not respond to the requests within the thirty days allotted under Rule 36, deeming those facts admitted. On June 7, 2024, Hawkins filed an unopposed Amended Complaint alleging that she “was directed by Defendant’s agent and employee to proceed in a certain direction and while being provided said direction, Plaintiff was caused to trip and fall due to the presence of said pallet in

way he told her, the way he said.” Id. pp. 40-41. Accordingly, Wilson’s SOF ¶¶ 7 and 11 are deemed admitted. See CDIL-LR 7.1(D)(2)(b). 3 “A conclusive video allows a court to know what happened and decide the legal consequences,” … for those facts that can be established “with confidence” and “beyond reasonable question.” Smith v. Finkley, 10 F.4th 725, 730 (7th Cir. 2021) (quoting Johnson v. Rogers, 944 F.3d 966, 969 (7th Cir. 2019)). the aisleway.” (D. 12, ¶ 6).4 Menards now moves for summary judgment under Federal Rule of Civil Procedure 56 on the grounds that the pallet was open and obvious. (D. 13). III. LEGAL STANDARD Summary judgment is proper “if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a);

Hemsworth v. Quotesmith.com, Inc., 476 F.3d 487, 489–90 (7th Cir. 2007). In deciding motions for summary judgment, a district court is tasked with deciding, based on the evidence in the record, whether there is a material dispute of fact for trial. Waldridge v. American Hoechst Corp., 24 F.3d 918, 920 (7th Cir. 1994) (citing Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249–50 (1986)). “In making that determination, a court must view the evidence ‘in the light most favorable to the [non-moving] party,’” Tolan v. Cotton, 572 U.S. 650, 657 (2014) (quoting Adickes v. S.H. Kress & Co., 398 U.S. 144, 157 (1970)), and draw all reasonable inferences in that party’s favor. McCann v. Iroquois Mem’l Hosp., 622 F.3d 745, 752 (7th Cir. 2010) (citing Anderson, 477 U.S. at 255). “A genuine issue for trial exists only when a reasonable jury could find for the party opposing the

motion based on the record as a whole.” Pipitone v. United States, 180 F.3d 859, 861 (7th Cir. 1999) (quoting Roger v. Yellow Freight Sys., Inc., 21 F.3d 146, 149 (7th Cir. 1994)). IV. DISCUSSION Under the Erie doctrine, a federal court sitting in diversity applies federal procedural law and state substantive law. See Erie R. Co. v. Tompkins, 304 U.S. 64 (1938); see also Dunn v.

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