Howard v. Andy's Store for Men

On December 12, 1994, Vivian Howard tripped and fell on a raised concrete porch, or sidewalk, in front of Andy's Store for Men ("Andy's"). She sued the store and Andy Weems, its owner,1 alleging that negligence or wantonness on their part had proximately caused her to suffer permanent injuries. Andy's answered, alleging, among other things, that any defect in the premises was an open and obvious one that Howard should have seen and taken care to avoid. The trial court entered a summary judgment for Andy's. Howard appealed to the Alabama Supreme Court. That court transferred the appeal to this…