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BEFORE: ALLEN, OLSON, and STRASSBURGER, JJ.* Michael Rodriguez (Rodriguez) appeals from the July 10, 2014 order which entered summary judgment in favor of Kravco Simon Company, d/b/a Lehigh Valley Mall (the Mall), and Environmental Service Concepts, LLC (ESC) (Defendants, collectively).
We reverse and remand for further proceedings consistent with this opinion. On June 6, 2011, Rodriguez was walking in the Lehigh Valley Mall when he slipped in a puddle of brown liquid and fell, breaking his leg.
In his subsequently-filed negligence case, Defendants moved for summary judgment.
The trial court granted Defendants' motion, determining that Rodriguez failed to come forth with evidence that would allow a jury to conclude that Defendants had actual or constructive notice of a dangerous condition.
Rodriguez timely filed a notice of appeal, and presents this Court with the following questions, which we have reordered for ease of disposition.1.
Did the [trial] court err in finding that the dried nature of the spill did not create the inference that a sufficient period of time had passed for constructive notice to Defendants? Did the [trial] court err in disregarding the Defendants' written admission of failure to prevent the accident? Did the [trial] court err in disregarding the Defendants' loss of important evidence as a factor to be weighed in [deciding] Defendants' motion for summary judgment?
Rodriguez's Brief at 4 (suggested answers and unnecessary capitalization omitted).
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