Ruby v. Wayman

The plaintiff, Ruth L. Ruby, brought suit against the defendant, Willard F. Wayman, d/b/a Wayman’s Ace Hardware, to recover for injuries she sustained while an invitee in his store. The trial court granted the defendant’s motion for summary judgment, and the plaintiff appealed.

The plaintiff entered the defendant’s store to pay her utility bill and to purchase some wire. While following the defendant to the rear of the store to get the wire, she fell over a laundry cart or basket, which the defendant had placed in the aisle, and was thereby injured. Both the plaintiff and the defendant agree…