Higgs v. Don Bailey Carpets, Inc.

The plaintiff, Veronica Higgs, appeals from adverse final summary judgments in favor of Don Bailey Carpets, Inc. [DBC] and William D. Bailey [Bailey]. We affirm.

The underlying action stems from an accident that occurred in the alleyway behind the strip mall where DBC is located. In the early morning hours, a minor who was walking in the alleyway was struck and killed by the driver of a delivery van who had swerved to avoid a pothole and was unable to slow due to brake failure. As a result, Veronica Higgs, the decedent’s mother, brought suit, as personal representative/administrator of the…