Harley v. Bruno's Supermarkets, Inc.

Martha K. Harley appeals from a summary judgment entered in favor of Bruno's Supermarkets, Inc., d/b/a Food Fair (hereinafter referred to as "Food Fair" or "the store") and Dexter Nicholson. We reverse and remand.

Harley sued Food Fair and Nicholson, the store's manager, seeking compensation for injuries she sustained as a result of tripping over a curb outside the store and falling. Food Fair and Nicholson filed an answer asserting the affirmative defenses of contributory negligence and that the curb was an open and obvious danger. After the completion of discovery, Food Fair and Nicholson…