Koflen v. Great Atlantic & Pacific Tea Co.

TILLMAN PEARSON, Judge.

The plaintiff appeals from a summary final judgment entered in a slip-and-fall case. The question as to whether there is a genuine issue of material fact must be determined in this case upon the basis of whether an affidavit of one of the plaintiffs was properly disregarded by the court. We hold that the affidavit should have been considered by the' trial judge and that the summary final judgment was erroneously entered.

The plaintiffs are a 68-year-old woman and her elderly husband. The wife was injured when she fell in defendant’s store at a place where mustard had…