Barbara Krieger v. Walmart Stores East, L.P.

Summary

The court denied Wal-Mart Stores East, L.P.’s motion for summary judgment in Barbara Krieger’s premises-liability action arising from her slip and fall in a Wal-Mart vestibule. The court held that disputed issues of material fact existed regarding the hazardous condition, causation, Wal-Mart’s creation or notice of the condition, and comparative fault.

Holdings

1. Summary judgment was improper because Plaintiff and her husband presented evidence from which a reasonable jury could find that water or another hazardous substance was present on the vestibule floor when Plaintiff fell.
2. Summary judgment was improper because a reasonable jury could find that a hazardous condition on the vestibule floor caused Plaintiff's fall.
3. Summary judgment was improper because the record contained evidence from which a reasonable jury could find that Walmart created or had constructive notice of a dangerous condition.
4. Walmart was not entitled to judgment as a matter of law on comparative fault because the percentage of fault attributable to Plaintiff remained a disputed factual issue for the jury.

Questions Presented

1. Whether genuine disputes of material fact existed regarding the existence of a dangerous or hazardous condition.
2. Whether genuine disputes of material fact existed regarding whether a dangerous condition caused Plaintiff's fall.
3. Whether Plaintiff presented sufficient evidence that Walmart created the dangerous condition or had actual or constructive notice of it.
4. Whether comparative fault could be resolved as a matter of law in Walmart's favor at the summary-judgment stage.

Disposition

other