Bolick v. Bon Worth, Inc.

MARTIN, Judge.

Plaintiff brought this action for personal injuries sustained when she fell at defendant’s store in Lincolnton, North Carolina. Defendant denied negligence and asserted plaintiff’s contributory negligence as an affirmative defense. Defendant moved for summary judgment.

The evidentiary materials before the trial court tended to show that plaintiff was a customer at defendant’s store on 25 June 1996. Plaintiff asked to use the restroom, and was directed by an employee to an area in the back of the store. Although plaintiff testified at her deposition that she could not recall…