McGuire v. Sears, Roebuck & Co.

Gorman, Presiding Judge.

The plaintiffs-appellants, Evon and Phillip McGuire, appeal from the summary judgment granted by the trial court in favor of the defendants-appellees, Sears, Roebuck & Company (“Sears”) and M.D. Construction, Inc. (“M.D.”), on their claims for personal injuries and loss of consortium. In their single assignment of error, the McGuires contend that genuine issues of material fact exist as to the liability of Sears, the store owner, and M.D., the general contractor, when Evon McGuire tripped and fell in the store on an elevated row of ceramic tile installed by M.D. The…