KROGER COMPANY, INC. v. Bailey

Andrews, Judge.

We granted Kroger Company’s application for interlocutory appeal after the denial of its motion for summary judgment. The pertinent facts are as follows.

On October 22, 1991, plaintiff/appellee James Bailey was struck in the vestibule of a Kroger store by the grocery cart of another shopper, Jan Hickok. The incident occurred while Bailey was reading a bulletin board which hung in the vestibule of the Kroger.

Bailey and his wife sued both the shopper, Jan Hickok, and Kroger. As to Kroger, the Baileys contended that the placement of the bulletin board constituted a danger to…