Santos v. K-Mart Stores, Inc.

This is a Dist./Mun. Cts. RADA, Rule 8A appeal of the allowance of the defendant’s motion for summary judgment in this negligence action for personal injury. The defendants Rule 56 motion was submitted on the basis of the parties’ answers to interrogatories and depositions. The salient facts were either agreed to, or undisputed.

The plaintiff was walking through the defendant’s department store to make a purchase, and approached an “end cap” display; i.e., a product display rack at the end of an aisle of display shelving. The plaintiff was scratching two “scratch” lottery tickets as he walked,…