United States District Court, D. Nevada
RICHARD F. BOULWARE, II UNITED STATES DISTRICT JUDGE
the Court is Defendant Sam West, Inc's (“Sam's
Club”) Motion for Summary Judgment. ECF No. 14. The
Court denies the motion.
Pedro Aragon (“Aragon”) sued Sam's Club for
negligence stemming from an accident in a Sam's Club
store in state court on June 4, 2018. ECF No. 1-1. Sam's
Club removed the matter to this Court on July 24, 2018. ECF
No. 1. A scheduling order was entered on August 27, 2018,
setting discovery to end on January 21, 2019. ECF No. 9.
Defendant now moves for summary judgment. ECF No. 14. The
motion was fully briefed. ECF Nos. 15, 17.
Court makes the following findings of undisputed and disputed
went shopping at Sam's Club on December 3, 2016.
Sam's Club requires customers to form a line at the exit
to allow its employees to check each customer's receipt
prior to exiting the store. Video surveillance shows Aragon
in line to exit the store at 12:53 pm, carrying an orange bag
under his right arm and a receipt in his left hand. Another
customer in front of Aragon was pushing a shopping cart. A
third customer behind Aragon was pushing a flatbed cart.
left of the exit line is the customer service desk where
returns of merchandise are made. A customer needed to return
items contained on two flatbed carts. The customer returning
the products controlled one flatbed cart, while a Sam's
Club employee controlled the other. Both the customer and
Sam's Club employee proceeded to cut through the exit
line to reach the customer service desk.
customer in front of Aragon suddenly stopped walking and
angled her shopping cart to the side to allow the customer
with the flatbed cart items to be returned to cut through the
line. She then took two steps backwards. In response, Aragon
also took three steps backwards, catching his heel on the
corner of the flatbed cart of the customer behind him. Aragon
then fell to the ground. Arin Amirkhani, another Sam's
Club employee, was at Aragon's location within seconds to
assist Aragon in exiting the store. On the day of the fall,
Aragon wrote a Customer Incident Statement, which states in
part: “[i]n line to exit, two carts with flooring came
through the exit line, making the customer in front of me
back up. I also backed up/ step to buckle from the cust. cart
behind me, causing me to fall back and to my right.”
Amirkhani, also provided a statement that states in part:
“the members trying to leave backed up. [Plaintiff]
stepped backwards and tripped over the flatbed.” No.
warning was given to the customers in line that the flatbed
carts were about to enter through the exit door. Sam's
Club has no training as it pertains to pushing large flatbed
carts through the exit line or to the exit line at all.
parties primarily dispute the legal effect of the