Wallace v. Sears, Roebuck & Co.

Carley, Chief Judge.

While she was walking down an aisle in appellee-defendant’s store, appellant-plaintiff was suddenly and unexpectedly struck by a young child who was riding a skateboard. Seeking recovery of damages for the injuries that she sustained, appellant brought this negligence action against appellee. Appellee answered and, after discovery, moved for summary judgment. The trial court granted the motion, holding that appellee had “negated at least one essential element of [appellant’s] premises liability claim by showing a lack of foreseeability and greater knowledge on [appellee’s]…