Walker v. Burdines Federated Department Stores, Inc.

GRIFFIN, Judge.

Appellants seek review of a summary final judgment in a trip and fall case. We reverse.

Bryan Walker, a nine year old boy, was injured when he fell over a shoe lying on the floor in the shoe department of the Burdines Department Store in Altamonte Springs, Florida. He had accompanied his parents as they shopped at the store, which was quite busy due to a major sale.

According to the affidavits and deposition testimony of Bryan’s parents, people were trying on shoes displayed on several racks, without the aid of sales clerks, and there were a lot of shoes on the floor. Mrs. Walker…