Lindsay v. Mazzio's Corp.

JEFFREY W. BATES, Judge.

Plaintiff Grace Lindsay (“Lindsay”) appeals from a summary judgment granted in favor of Defendant Mazzio’s Corporation d/b/a/ Zio’s Italian Kitchen (“Zio’s”). Lindsay argues that summary judgment was improperly granted because her case presents genuine issues of material fact requiring a trial to resolve. This court agrees. The judgment of the trial court is reversed, and the case is remanded.

I. Facts and Procedural History

Lindsay slipped and fell at Zio’s on December 6, 1998. On September 17, 2001, she filed a personal injury action against Zio’s in the Circuit Court…