Rhodes v. K-Mart Corp.

Pope, Presiding Judge.

Vivian Rhodes filed suit against K-Mart and a John Doe defendant claiming that she was injured as she was shopping at K-Mart and reached for a box containing a fan which was on a high shelf. Rhodes claimed that due to defendants’ failure to inspect and secure the fan in the box, the fan fell out of the box and struck her in the head. K-Mart filed a motion for summary judgment, which the state court granted, and Rhodes appeals.

In two enumerations of error, Rhodes claims that the state court erred in granting summary judgment because genuine issues of material fact remain…