Cobb v. Popeye's, Inc.

McMurray, Presiding Judge.

Plaintiff Cobb brought this unusual “slip and fall” case against Popeye’s, Inc. (“Popeye’s”) and K. Weilbaecher Enterprises, Inc. (“KWE”). Following discovery, each defendant moved for summary judgment. Defendant Popeye’s’ summary judgment motion was granted and defendant KWE’s summary judgment motion was denied. Plaintiff appeals, enumerating error upon the grant of Popeye’s’ summary judgment motion. KWE cross-appeals, enumerating error upon the denial of its summary judgment motion.

Viewing the evidence in favor of plaintiff, the party opposing the summary judgment…