Kmart Corp. v. McCollum

Miller, Judge.

Jewell McCollum was injured when she slipped and fell on a spill of Pine-Sol liquid cleaner while shopping at a Kmart store in Calhoun. She then brought the current action against Kmart Corporation and Sears Holding Management Corporation (collectively, “Kmart”) seeking to recover damages resulting from those injuries. Kmart now appeals from the trial court’s order denying its motion for summary judgment, again arguing that the evidence of record is insufficient to create an issue of material fact as to its actual or constructive knowledge of the spill. We agree and reverse.

In…