Food Giant, Inc. v. Cooke

Carley, Judge.

Appellee-plaintiff fell when she stepped into motor oil which apparently had escaped from cans displayed on a shelf and then collected on the floor of an aisle in appellant-defendant’s store. Appellee filed this action for damages and, after a period of discovery, appellant moved for summary judgment. The trial court denied appellant’s motion, but certified its order for immediate review. This appeal results from this court’s grant of appellant’s application for an interlocutory appeal.

1. In support of its motion for summary judgment, appellant produced the affidavits of three…