Moore v. Kroger Co.

I respectfully dissent from the affirmance of summary judgment to the defendant proprietor in this case, as my review of the record indicates that defendant itself adduced the evidence indicating one of its employees was in a position to discern the hazard and warn the patron of any risk of injury. Consequently a jury question is presented as to whether plaintiff’s comparative negligence in failing to observe the hazard outweighs the negligence of defendant in failing to warn of or remove that hazardous spill.

Plaintiff Janice S. Moore brought this tort action against defendant, The Kroger…