Claire's Boutiques, Inc. v. Locastro

On Motions fob Rehearing, Rehearing En Banc, and fob Certification

POLEN, J.

We grant appellant/cross-appellee, Claire’s Boutiques, Inc. (Claire’s) motion to consider this case en banc, and for certification. Upon en banc consideration, the following is the opinion of the court:

We are presented with two issues that are the subject of this appeal and cross-appeal: whether the trial court correctly denied a directed verdict for Claire’s on the Loeastros’ negligence claim and whether the trial court correctly entered summary judgment for Claire’s on its claim of contractual indemnity. We affirm…