Sepulveda v. Duckwall-Alco Stores, Inc.

The opinion of the court was delivered by

Herd, J.:

This is a damage suit for personal injuries arising out of a fall on a defective sidewalk. The trial court granted summary judgment to the defendants and this review follows the Court of Appeals’ decision in an unpublished decision filed May 2, 1985, which reversed the trial court and remanded the case for trial.

The facts are as follows: On the afternoon of August 18, 1979, the appellant, Freda Sepulveda, went to the Duckwall-Alco store in Lyons to purchase a birthday card. The store is located on the town square. After making her purchase,…