Genevieve Barstow v. The Kroger Company

GEORGE CLIFTON EDWARDS, Jr., Circuit Judge.

This case is a negligence action brought under the diversity jurisdiction of this court and hence governed by Kentucky law.

The sole question in this case is whether Mrs. Barstow’s conduct in walking toward the Kroger store exit on a wet floor was contributory negligence as a matter of law or was a matter of fact for jury decision. Plaintiff Genevieve Barstow drove to the Kroger store in Louisville, Kentucky, on February 9, 1979, at approximately 1:30 p.m. to do some shopping. Plaintiff stated in her deposition that it had snowed, sleeted, and then…