Dowless v. Kroger Co.

HUNTER, Judge.

Nancy Dowless (“Dowless”) and her husband Purlie Dowless (together “plaintiffs”) appeal from the trial court’s grant of summary judgment in favor of defendants Kroger Company (“Kroger”) and Ohio Wesleyan University (“Ohio Wesleyan”). We affirm summary judgment as to Kroger, but reverse and remand as to Ohio Wesleyan.

The evidence before the trial court on defendants’ motion for summary judgment tended to establish the following facts. Dowless sustained an injury to her shoulder while pushing a shopping cart full of groceries toward her car in a parking lot outside of a Kroger…