Morris v. K-mart. Inc. 621 N.E.2d 1147 (West 2013)
On March 30, 1987, Jackalyne Morris went to a K-Mart store to purchase wallpaper. Once Mrs. Morris retrieved the necessary wallpaper in her cart, she proceeded to the housewares department. While in the housewares department, Mrs. Morris stepped away from her cart and when she returned to the cart, her right foot slipped on a piece of plastic. As a result of Mrs. Morris slipping, she fell which caused her to injure her right hip and leg. She was then helped to the front of the store where she gave the piece of plastic to a store employee who identified the plastic as a “shelf talker”. A “shelf talker” is a device that is attached to and suspended from a shelf to display sales goods. During trial, the employee testified that he gave the piece of plastic to a member of K-Mart’s security force and the piece of plastic had been lost. Hence, K-Mart did not introduce the piece of plastic at trial.
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The piece of plastic that she retrieved and gave to the employee of K-Mart was lost, the evidence could not be presented at trial.
The decision of the judge was in favor of Mrs. Morris.
Bell v. Grandville Cooperative, Inc. 950 N.E.2d 747
On February 21, 2007, Brenda Bell arrived at her daughter’s apartment complex (Grandville) to babysit her grandchild. At that time,Brenda Bell did not notice any ice or melting water from her parking spot to her daughter’s apartment. Ms.Bell did notice three or four piles of snow from earlier snowfalls. There was patches of snow that melted in the early morning and re-freeze in patches in the night. That morning, ice did form where Brenda Bell parked her car. Maintenance personnel placed ice melt on it in the morning. About 4:30 that afternoon, the maintenance supervisor for Grandville did an ice check on sidewalks and parking areas and did not find any ice, therefore; no ice melt was placed anywhere in the complex. At around midnight, Brenda Bell’s daughter arrived from work. On the way back to her car, Bell did not see any ice. Nevertheless, once Bell reached to her car, she slipped and fell on a patch of ice that formed near the front of the driver’s side. Bell was then taken to a hospital by ambulance to be treated for her injuries.
Is there sufficient evidence to prove that the maintenance supervisor performed an ice check in the parking lot and on the sidewalks?
If Brenda Bell knew that the spot she parked at formed ice, why did she keep on parking there?
According to http://www.hg.org/slip-and-fall.html, Slip and Fall law refers to the area of law governing personal injury claims which involve specific types of accidents wherein the party’s injury is the result of a fall. This area is a subset of Tort law and overlaps with Litigation law. Specifically, slip and fall cases fall under premises liability law.
There was an ice patch that formed even though the temperature was above freezing at midnight. Ms. Brenda Bell slipped and fell on a patch of ice near the front driver side of the car, therefore; she was taken by ambulance to a hospital to be treated for her injuries.
On November 5, 2010, the court ruled in favor of Granville. Bell appeals.