Bowes v. Lerner Shops International, Inc.

The appellant, Dorothy Bowes, seeks to reverse a summary judgment granted to the appellee, Lerner Shops. The facts are not in dispute. Mrs. Bowes, then age 54, was shopping in the appellee’s store on January 26,1978. She entered a dressing room in the store to try on a pantsuit. The dressing rooms all lacked chairs or other means of support to aid customers while they were trying on clothes. In trying to remove the pants while standing, Mrs. Bowes lost her balance and fell, as a result of which she broke her hip. She filed suit alleging, in essence, that Lerner Shops was negligent in failing…