Billings v. K Mart Corp.

Jerry W. Billings was injured when he slipped and fell on a ramp while making a delivery to a K Mart store. He and his wife, Patricia Billings, sued K Mart Corporation ("K Mart"); he alleged negligence and resulting personal injury, and his wife claimed damages for loss of consortium. The trial court entered a summary judgment in favor of K Mart. The Billingses appealed.

On a motion for summary judgment, the burden is initially on the movant to make a prima facie showing that there is no genuine issue of material fact (i.e., that there is no dispute as to any material fact), and that the…