Bud's Outlet & Wal-Mart Stores, Inc. v. Smith

As Patricia Smith was leaving a store operated by the defendants, Bud’s Outlet and Wal-Mart Stores, Inc., she tripped and fell on the protruding footrest of a wheelchair located near the exit door. Smith says that although she had noticed the position of the wheelchair on previous visits, she did not see the wheelchair on this occasion because she was holding her *224grandson in her arms, talking to her daughter, and pushing a shopping cart in front of her.

She sued, alleging that Bud’s and Wal-Mart had acted negligently or wantonly in positioning the wheelchair. The defendants asserted the…