Sanchez v. Shop Rite Foods

OPINION

WOOD, Judge.

This is a slip and fall case. The trial court entered summary judgment in favor of the defendant grocery store. The dis-positive issue of plaintiffs’ appeal is whether there was a sufficient basis for a summary judgment. We hold there was not and reverse.

At the summary judgment hearing, the trial court considered two items — the deposition of Mi's. Terry Sanchez and the affidavit of Rod Sanchez, identified as the store manager.

According to the deposition, Mrs. Sanchez was in the store as a business invitee. She went to the produce section to get tomatoes. She saw water…