Rutherford v. Revco Discount Drug Centers, Inc.

Barnes, Judge.

Following a fall at a CVS drug store and resulting action for the injuries she sustained, Dorothy Rutherford appeals from the grant of summary judgment to Reveo Discount Drug Centers, Inc. Because material issues of fact exist as to whether the hazard allegedly causing Rutherford’s accident was readily observable to her in the exercise of ordinary care, and thus she could be presumed to have knowledge of it, we reverse.

Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. A trial court’s grant of…