Federated Department Stores, Inc. v. Clum

Cooper, Judge.

In this personal injury case, we granted appellant’s application for interlocutory review of the trial court’s denial of its motion for summary judgment. Appellant contends that summary judgment should have been granted because there was no defect in its premises of which it had superior knowledge and because appellee failed to exercise ordinary care for her own safety as a matter of law.

Viewing the record in a manner most favorable to appellee as the non-moving party on a motion for summary judgment, it appears that, while shopping in appellant’s store, appellee stopped in the…