Foodmax v. Fleming

McMurray, Presiding Judge.

This is a premises liability case in which we have granted permission for defendant Foodmax of Georgia to file an interlocutory appeal from the denial of its motion for summary judgment. Plaintiff Fleming was injured when shopping in defendant’s grocery store when she attempted to remove a can of tomatoes from a display stacked to a height of approximately six feet. Plaintiff, who was seventy or seventy-one years of age at the time of the incident, stands approximately five feet, three inches tall. She was struck when the very can she was removing from the stack fell…