Thomson v. Sears Roebuck & Co.

Birdsong, Judge.

Thomson appeals from the grant of summary judgment to Sears Roebuck on her claim for damages she incurred when she stubbed her toe on a wooden pallet. Held:

Thomson alleges that summary judgment was erroneously granted because the trial court misapplied the law applicable to premises liability claims arising from dangerous transitory conditions. The record shows that Sears’ motion for summary judgment was supported by Thomson’s deposition testimony that she was leaving the store after making a purchase when she saw a wooden pallet partially blocking the aisle about twenty feet…