Lovins v. Kroger Company

Johnson, Chief Judge.

A Kroger grocery store employee placed spinach dip and crackers on a table for customers to sample. She then inspected the floor in the area, saw that it was clean, and went behind the nearby counter to prepare a cheese basket. Less than ten minutes later William Lovins, who was pushing a shopping cart into the area, slipped on spinach dip and fell. Lovins and his wife (collectively “Lovins”) sued the Kroger Company. Lovins appeals from the grant of summary judgment to Kroger, contending summary judgment was improper because there was evidence that Kroger had actual or…