Lozitsky v. Heritage Companies, Unpublished Decision (2-7-2002)

I must respectfully dissent with the majority opinion in this case. Plaintiff-appellant claims that the trial court erred in granting summary judgment to defendant-appellee, the Heritage Co. Plaintiff argues that there remain genuine issues of material fact relating to her claim of negligence against defendant. I agree.

In February 1998, plaintiff4 was employed as a cleaning woman for Janitorial Services, Inc., not a party here. Plaintiff was injured when she moved a box and a large metal shelving end-cap fell on top of her head. Plaintiff states that, on the date in question, she arrived at…