Shepherd v. Holmes

Sognier, Judge.

Robert and Sandra Shepherd brought suit for negligence and loss of consortium, respectively, against Lynn Holmes and Wal-Mart Stores, Inc. for injuries incurred following Robert Shepherd’s fall in a store leased by Wal-Mart from Holmes. The trial court denied WalMart’s motion for summary judgment, which ruling was not appealed, and granted Holmes’ motion for summary judgment. The Shepherds appeal.

The record reveals that the roof of the Wal-Mart store in question here had outlived its useful life with the result that leaks appeared in the ceiling of the interior of the building.…