Estep v. B.F. Saul Real Estate Investment Trust

STUMBO, Judge:

This appeal arises from a negligence claim filed by appellants, Ann Estep and James Estep. By two separate Opinion and Orders, the Fayette Circuit Court granted summary judgment to appellees, B.F. Saul Real Estate Investment Trust, and The McAlpin Company (hereinafter “Saul” and “McAlpins,” respectively). After reviewing the record and the law, we must reverse and remand.

The genesis of this case was a slip and fall by Ann Estep on December 19, 1989, on a portion of the sidewalk near the entrance to McAlpins, at the Lexington Mall. She sued for her personal injuries, while her…