United States District Court, D. Idaho
MEMORANDUM DECISION AND ORDER RE: DEFENDANT'S
MOTION FOR SUMMARY JUDGMENT
Honorable Edward J. Lodge U.S. District Judge.
before the Court is Defendant Harbor Freight Tools USA,
Inc.'s Motion for Summary Judgment. (Dkt. 14.) The motion
is now ripe. Having fully reviewed the docket herein, the
Court finds that the facts and legal arguments are adequately
presented in the briefs and record. Accordingly, in the
interest of avoiding further delay, and because the Court
conclusively finds that the decision-making process would not
be significantly aided by oral argument, this matter shall be
decided on the record before this Court without oral
Barbara Ann Gardner was shopping with her husband at a Harbor
Freight Tools USA, Inc. (“Harbor Freight”) store
located on Fairview Avenue in Boise, Idaho, on February 3,
2017. Upon entering the store, she tripped and fell to the
November 1, 2017, Gardner filed a complaint in Ada County
District Court of the State of Idaho alleging a claim of
common law negligence against Harbor Freight. Gardner alleged
that Harbor Freight breached its duty of care to maintain the
store premises in a reasonably safe condition and/or to warn
of hidden or concealed dangers of which it was or should have
been aware. Specifically, Gardner contended that Harbor
Freight left an entryway floormat bunched up and the bunched
up floormat was dangerous and/or presented an unreasonable
risk of harm to Gardner and the public.
Freight filed a motion for summary judgment. In support of
its motion, Harbor Freight included declarations of two store
employees on duty when the accident occurred and excerpts
from Gardner's and her husband's depositions. In the
employees' declarations, both employees averred that they
inspected the store entryway immediately prior to
Gardner's entrance and recalled seeing that the entryway
floormats were not folded, wrinkled, or bunched up. In
addition, Harbor Freight's company practice is for
employees to frequently scan the floormats and surrounding
area and to immediately fix any problems with the floormats
should they exist. Both employees averred they followed that
deposition, Gardner stated that she did not see what she
tripped over and did not know what caused her to fall.
Q. Can you describe for me how you fell?
A. Something stopped my feet, and I went straight to the
floor. Just like my hands-I put my hands out to catch me, and
I went face first. It was just a “body plant”
onto the concrete floor.
Q. Draw for me the layout of the area where you fell with
the-I believe there were two mats as you walk in the front
A. I have no idea.
Q. You have no idea? You don't have any recollection of-.
THE WITNESS: Well, I saw the deal that showed two ...