Kidwell v. K-Mart Corp.

Opinion by

Judge RULAND.

In this action to recover damages for personal injuries, plaintiff, Odilia Kidwell, appeals from the judgment in favor of defendant, K-Mart Corporation. We reverse and remand for a new trial.

K-Mart contracted with SM Sweeping Company, Inc., (SSCI) as an independent contractor to maintain K-Mart’s parking lot area and to remove snow and ice from the sidewalk adjacent to the department store it leased and occupied. Plaintiff sued K-Mart seeking to recover damages for injuries sustained when she slipped on an icy sidewalk. After plaintiffs complaint was filed, K-Mart named…