Ferguson v. S. H. Kress & Co.

I respectfully dissent.

As noted, this is a slip and fall case. Summary final judgment was entered for the defendant. Plaintiffs appeal. I would affirm.

Plaintiff, wife, was a business invitee upon defendant’s retail store premises. While Mrs. Ferguson undoubtedly fell and was injured, she does not know why, how, or the causative factor behind her fall. There were no witnesses. The floor area was clean, dry and well lighted.

One of defendant’s employees stated that he found a piece of cardboard with dimensions of 2" x 5" in the fall area. However, no one knows how the cardboard came to be in the…