Bird v. Kmart Corp.

Blackburn, Judge.

Thomas Byron Bird and Marsha Bird, husband and wife (the Birds), sued Kmart Corporation for injuries sustained by Mr. Bird from an alleged fall in a Kmart department store. The trial court granted summary judgment in favor of Kmart, and the Birds appeal.

“Summary judgment is appropriate when the court, viewing all the evidence and drawing all reasonable inferences in a light most favorable to the nonmovant, concludes that the evidence does not create a triable issue as to each essential element of the case. A defendant who will not bear the burden of proof at trial need not…