Cocklin v. JC Penney Corp.

Phipps, Judge.

Barbara Cocklin brought this suit against JC Penney Corporation seeking damages for her trip and fall on its business premises while she was an invitee there. The trial court granted JC Penney’s motion for summary judgment, on the ground that the alleged hazard that caused Cocklin’s fall was a static condition that she had successfully negotiated before and that had caused no prior accidents. Because a jury could find that the cause of Cocklin’s fall was a hazard of which JC Penney should have been aware even in the absence of the occurrence of other accidents, and because a…