A grant for summary judgement in favor of Galloway’s client in Mississippi was recently upheld by the U.S. Court of Appeals for the Fifth Circuit. The ruling, in favor of a regional supermarket chain, was initially obtained from the U.S. District Court for the Southern District of Mississippi.
The lawsuit arose out of a customer’s accident outside the store. The district court granted the defense’s motion to exclude the opinions of the plaintiff’s liability expert on Daubert grounds, entered summary judgment for Galloway’s client, and dismissed the plaintiff’s claims with prejudice.
The plaintiff appealed. After a review of the briefs and hearing oral arguments, the Fifth Circuit concluded that the district court did not err in striking the plaintiff’s liability expert and granting summary judgment in favor of Galloway’s client.