" 8 Mile " was a 2002 Universal Studios film starring Eminem, Kim Basinger, Brittany Murphy, Mekhi Phifer, Eugene Byrd, Omar Benson Miller, and Taryn Manning. Winner of the 2003 Academy Award for Best Song ("Lose Yourself"), the movie depicted the rise of a young rap star (played by Eminem).
Jones v. AMC Bay Plaza Cinema 13 is a 2006 Bronx County Supreme Court decision which examines the fall of Ms. Taquana Jones at a movie theatre, known as the "AMC Bay Plaza Cinema 13," located on Bartow Avenue in the Bronx.
On the afternoon of November 9, 2002, Ms. Jones was hoping to see " 8 Mile " when she entered the AMC theatre while previews were already underway. As she searched for a seat for herself and others in her group, Ms. Jones slipped on a "greasy substance and/or popcorn and candy." (Ms. Jones was unaware of the precise cause of her injury, since she was looking "straight ahead.")
Ms. Jones later initiated a personal injury lawsuit in the Bronx County Supreme Court where, after some discovery, the defendants moved for summary judgment -- that is, to dismiss the case based solely on papers submitted to the court, without the need for a formal hearing or trial -- on the grounds that they had no "actual or constructive notice" of a dangerous condition.
If a defendant is not made aware of the danger, ("actual notice"), or if the condition is not visible and apparent for a sufficient period of time prior to the accident, so that the defendants (or their employees) can discover and remedy the hazard, ("constructive notice"), then liability for any injury incurred will not attach. (As we have reported in our other blog posts, without this "notice," appellate precedent has taken a hard-line position that a "slip and fall" case can not survive.)
After reviewing the evidence, the Bronx County Supreme Court concluded that Ms. Jones could not prove the defendants had the requisite notice of the slippery condition at the movie theater:
Viewing the evidence in the light most favorable to plaintiff, this court finds that there is no issue of fact which would require a trial for fact-finding resolution. Plaintiff failed to demonstrate that defendants had notice of the substance that caused her to slip and fall on the date of incident. Her deposition testimony demonstrates that none of the criteria necessary to sustain a cause of action against the defendants has been met.
Although Ms. Jones raised additional issues in response to the defendants' motion -- such as questions relating to the room's lighting and her ten to fifteen minute wait to get from one end of the theatre to the other -- they were not perceived as "genuine" and were discounted by the court. As a result, Jones's case was dismissed in all respects.
That's some fall!
For a copy of the Bronx County Supreme Court's decision, please use this link: Jones v. AMC Bay Plaza Cinema 13