Recently, a state appellate court issued a written opinion in a personal injury case involving a plaintiff’s conflicting testimony, requiring the court to determine which version of the plaintiff’s testimony to credit. The case presents a valuable lesson for Maryland slip-and-fall accident plaintiffs in that it illustrates how courts analyze cases in which a party offers two versions of the same event. Ultimately, in this case, the court concluded that the version of the facts that least favored the plaintiff should be credited, resulting in the court granting the defendant’s motion for summary judgment.
The plaintiff was an office manager at a tax-preparation business that was located in a business owned by the defendant. One day, the plaintiff arrived to open the store and went toward the back office to turn on the lights. As the plaintiff approached the rear of the office, she slipped after stepping in a puddle of water that had accumulated on the floor.
When asked in a pre-trial interrogatory, the plaintiff explained that it was not raining on the day of her accident. She also explained that she was aware of previous flooding and, in fact, knew that the office flooded the night before her fall. However, an employee had cleaned up the water by the time the plaintiff had left.