Brill v. Safeway Stores, Inc.

In this personal injury case, the plaintiff below appeals from a summary judgment entered in favor of the defendant. The sole issue is whether the trial court erred in striking the plaintiffs evidence at the conclusion of her case in chief. Under familiar principles, we view the evidence in the light most favorable to the plaintiff.

Plaintiff Christine K. Brill, age 72, was shopping for dog food in a grocery store operated by defendant Safeway Stores, Inc. Small packages of the product were displayed on three shelves located beneath large windows in the front wall of the store. The shelves…