Morley, v. Lowe’s Home Centers, LLC., Case No. 18-C-01932-S6

James Merritt, Jr. (Atlanta, GA) (Premises Liability) obtained Summary Judgment in State Court of Gwinnett County for a national retail chain in a wrongful death action filed after the Plaintiff’s late husband became dizzy and fell while climbing into the back of his box truck, landing on his head. Plaintiff was airlifted to a nearby hospital, where he was later succumbed to his injuries. The parties stipulated that no Lowe’s employee ever made any physical contact with the decedent, and that the decedent had voluntarily decided to climb onto the back of his truck to re-arrange building materials which he had just purchased from the store. The Plaintiff claimed that Lowe’s had violated an internal policy which allegedly required spotters when loading certain items into customer vehicles with a forklift. Lowe’s filed a Motion for Summary Judgment, showing that Lowe’s never owed nor breached any duty to the Plaintiff’s decedent. The Court agreed that neither Lowe’s nor any of its employees did anything to cause or contribute to the decedent’s fall and subsequent injury, and did not breach any duty owed to the decedent. After taking oral argument, Lowe’s’ Motion was granted in its entirety from the bench.