Clark v. K-Mart Corp.

In this negligence action defendant appeals as of right from a judgment, following a jury trial, awarding plaintiffs $50,000, as well as costs and attorney fees. We reverse.

*139The testimony at trial established that plaintiff Annie Clark and her husband, plaintiff Walter Clark, visited defendant’s Super Kmart store in Dearborn at approximately 3:30 A.M. on October 8, 1994. As they walked through a closed checkout lane into the store, Mrs. Clark sustained an injury when she slipped and fell on approximately four or five loose grapes that were scattered on the floor. Mr. Clark testified at trial…