Holguin v. Smith's Food King Properties, Inc.

OPINION

DONNELLY, Chief Judge.

This is a slip and fall case. Plaintiff appeals from a judgment granting defendant’s motion for summary judgment in favor of Smith’s Food King Properties, Inc. The single issue presented on appeal is whether the trial court erred in awarding summary judgment and finding no genuine disputed issue of fact as to defendant's negligence. We affirm.

FACTS

Plaintiff, together with her husband and daughter, went to defendant’s grocery store in Las Cruces. After returning some video tapes and renting additional movies, plaintiff walked away from the counter carrying only her…