Futch v. Super Discount Markets, Inc.

Ruffin, Judge.

Patricia Futch sued Super Discount Markets, Inc. d/b/a Cub Foods for injuries she allegedly sustained when she slipped and fell in a Cub Foods supermarket. The trial court granted Cub Foods’ motion for summary judgment, and Futch appeals. For reasons discussed below, we affirm.1

For a plaintiff to recover for injuries sustained in a slip and fall action, she must prove that the defendant had actual or constructive knowledge of the hazard and that the plaintiff lacked knowledge of the hazard despite the exercise of ordinary care due to actions or conditions within the control of…