Crosby v. Great Atlantic & Pacific Tea Co.

This is an appeal from an order of the Rutland Superior Court granting summary judgment in favor of defendants. Plaintiff Kenneth Crosby stepped on a glass bottle and lost his balance while in the parking lot of the Great Atlantic & Pacific Tea Company (A&P). His wife attempted to steady him and both fell over a three-foot retaining wall a few feet away onto a parking lot utilized by defendant Burger King. A&P is not involved in this appeal, having previously been granted summary judgment in its favor.

Defendants moved for summary judgment, disclaiming control of the parking lot where the…