Ruda v. Jewel Food Stores, Inc.

Plaintiff appealed from the trial court’s grant of summary judgment for the defendant in a negligence case arising out of a fall at a grocery store. The appellate court reversed, finding that the defendant was not entitled to summary of judgment as a matter of law where the only element at issue was the defendant’s breach of duty and where the evidence established the foreseeability of the alleged danger, making the sole question whether the store could rely on its procedures as a defense to the allegations of foreseeability. (HYMAN and C.A. WALKER, concurring)