Jane Sarah Grossman v. Dillard Department Stores, Inc.

BEAM, Circuit Judge.

Jane Sarah Grossman appeals the district court’s grant of summary judgment in favor of Dillard Department Stores, Inc. (“Dillard’s”) in this negligence action. We reverse.

I. BACKGROUND

In her complaint, Grossman alleges that she tripped on a rolling clothing rack at a Dillard’s Store, fell, and broke her hip. Dillard’s moved for summary judgment, asserting that Grossman could not prove with certainty that a rolling clothing rack had caused her fall. In support of its motion, Dillard’s submitted the deposition testimony of Jane Grossman and various witnesses to the incident.

I…