Gaines v. INGLES MARKETS, INC.

Miller, Judge.

Clara and James Gaines sued Ingles Markets, Inc., Gable Electric Company and R. L. Franklin, Inc. (both contractors working on a construction project for Ingles) for injury to Mrs. Gaines’ knee when her grocery cart tipped forward and caused her to fall in an Ingles parking lot. The Gaineses claim that a trench back-filled with gravel was the cause of her fall and that the defendants failed to maintain the parking lot in a safe condition. Finding that Mrs. Gaines assumed the risk of her injury, the trial court granted summary judgment to the defendants. The Gaineses appeal,…