Jefferson v. K-Mart Corp.

| iSAUNDERS, Judge,

dissenting.

As I read the record, I do not feel that Mr. Funk signaled to Ms. Jefferson to stand back because Ms. Jefferson might be in danger of being hit by falling debris, but rather that Mr. Funk motioned to Ms. Jefferson to stand back in order that she not interfere with his work or cause danger to him or others by bumping into his ladder. Certainly, this is a reasonable interpretation of the signal given to her and no evidence indicates otherwise.

I do not believe that there is any legal duty that a person shopping in a department store stay clear of persons on ladders.…