Brown v. J. C. Penney Co.

Eberhardt, Judge.

This is an appeal from the grant of a summary judgment. Plaintiff below alleged in her petition that she had suffered injury when she fell on a slippery step of the escalator in defendant’s store, about which she had not been warned. Defendant denied that it had been guilty of any negligence, and moved for summary judgment, submitting interrogatories and plaintiff’s answers, her deposition and an affidavit of a security guard who was present in the store at the time plaintiff fell. From the grant of summary judgment plaintiff appeals. Held:

There is no disagreement with the…