Parks-Nietzold v. J. C. Penney, Inc.

Smith, Judge.

Patricia Parks-Nietzold and her husband brought suit against J. C. Penney, Inc. to recover damages for personal injury incurred by Parks-Nietzold in the restroom of a J. C. Penney store. The trial court granted the store’s motion for summary judgment, and plaintiffs appeal.

Parks-Nietzold testified at her deposition that on the date of the incident, she entered the only available stall in the ladies’ restroom of the store. She had never been in that store before. The latch was missing, but she was able to close the door; she placed her purse on the floor of the stall in front of…