Sipple v. Sears, Roebuck & Co.

MEMORANDUM AND ORDER

SAFFELS, District Judge.

This matter is before the court on defendant’s motion for summary judgment. This is a negligence action based on an alleged slip-and-fall accident in defendant’s store at 95th Street and Metcalf Avenue in Overland Park, Kansas. Defendant has set forth a statement of facts which it contends are uncontroverted and supported by competent evidence. Plaintiff makes no objection to the statement of facts; therefore, we deem them admitted for purposes of ruling on this motion. Rule 15(c), Rules of Practice for the United States District Court for the…