Legal Opinion

Carlile v. Wal-Mart

Court of Appeals of Utah

Decided December 12, 2002No. 20010632-CAPublishedCited by 2 opinions

1Opinion of the Court

OPINION

BILLINGS, Associate Presiding Judge:

¶ 1 Nanette Carlile (Carlile) appeals the district court’s grant of summary judgment to Wal-Mart Stores, Inc. (Wal-Mart). We reverse and remand.

BACKGROUND

¶ 2 On April 11, 2000, Carlile was in the fabrics section of Wal-Mart when she was struck by an electric cart. The woman driving the cart fled the scene and has not been identified. Wal-Mart made the cart available for public use.

¶ 3 On January 5, 2001, Carlile filed a negligence action against Wal-Mart. Wal-Mart responded by filing a motion to dismiss, arguing Carlile’s complaint failed to allege…

2Cases cited10 opinions

  1. Green v. LouderUtah Supreme Court · 2001
  2. Aurora Credit Services, Inc. v. Liberty West Development, Inc.Utah Supreme Court · 1998
  3. CECO Corp. v. Concrete Specialists, Inc.Utah Supreme Court · 1989
  4. Dwiggins v. Morgan JewelersUtah Supreme Court · 1991
  5. Canfield v. Albertsons, Inc.Court of Appeals of Utah · 1992

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3Cited by2 opinions

  1. Jolyn Cullum v. Jan McCoolTennessee Supreme Court · 2013
  2. Jolyn Cullum v. Jan McCoolTennessee Supreme Court · 2013

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