Abbott v. Sears, Roebuck Co., Unpublished Decision (9-24-2004)

OPINION

{¶ 1} The following is an accelerated calendar appeal. Appellant, John Abbott, appeals from a judgment of the Trumbull County Court of Common Pleas, granting summary judgment in favor of appellee, Sears Roebuck Co.1 For the reasons that follow, we reverse the judgment of the trial court with respect to appellant's negligence claim and remand this matter for further proceedings.

{¶ 2} The record discloses the following facts. On September 3, 2001, appellant and his wife, Bernice Abbott ("Bernice"), entered appellee's store premises to purchase paint. After purchasing the paint, appellant…