Brooks v. Kroger Company

Pope, Judge.

This is an appeal from the grant of summary judgment to defendant The Kroger Company (Kroger) in this slip and fall case. Plaintiff Brooks slipped upon a broken egg in the aisle of Kroger’s store and fell. In an affidavit, Kerry Willis, a Kroger employee, testified that he had been working in the dairy aisle 10 to 15 minutes before Brooks fell and that there was no broken egg or other foreign substance on the floor of the aisle at that time and that he did not know about the broken egg until he saw Brooks after she fell. He also averred that Kroger employees frequently checked the…