Palumbo v. Frank's Nursery & Crafts, Inc.

Plaintiffs appeal from an order granting summary judgment in favor of defendant, arguing that there is an issue of material fact in the case. We affirm.

While shopping in defendant’s store on December 2, 1983, Mrs. Palumbo (plaintiff) and her friend, Mrs. Martino, entered an aisle between two tables displaying poinsettias. Plaintiff claimed that as she took a step forward with her left foot, both feet went out from under her, causing a fracture of her left hip.

In her deposition, plaintiff testified that she did not see any kind of liquid substance or debris in the aisle where she fell at any…