Clark v. Kmart Corp.

Plaintiff Annie Clark 1 was injured in a slip and fall accident at defendant’s store. She brought this negligence action, and a jury trial resulted in a verdict in her favor. However, the Court of Appeals reversed, concluding that there was insufficient evidence that the hazardous condition which caused the fall had been in place long enough to put the defendant on constructive notice of the condition. We conclude that the plaintiff presented sufficient evidence to create a jury-submissible question on the issue. We reverse and remand the case to the Court of Appeals for consideration of the…