Legal Opinion

Leora Didier v. J.C. Penney Company, Inc., a New York Corporation

Court of Appeals for the Eighth Circuit

Decided February 16, 1989No. 88-5120PublishedCited by 9 opinions

1Opinion of the Court

HANSON, Senior District Judge.

Leora Didier appeals from the final decision of the District Court 1 dismissing her action against J.C. Penney Company, Inc. In the action Didier contends she was injured as a result of appellee’s failure to properly maintain its premises. The District Court granted Summary Judgment in favor of appellee finding that Didier had, as a matter of law, assumed the risk which caused her injuries. We reverse.

FACTS

On December 1, 1984 appellant slipped and fell while shopping in a store owned and operated by appellee. She slipped after stepping on the contents of a broken…

2Cases cited6 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Poller v. Columbia Broadcasting System, Inc.Supreme Court of the United States · 1962
  3. Kegel v. RunnelsCourt of Appeals for the Eighth Circuit · 1986
  4. Stenholtz v. ModicaSouth Dakota Supreme Court · 1978
  5. Berg v. Sukup Manufacturing Co.South Dakota Supreme Court · 1984

1 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Michael Aucutt v. Six Flags Over Mid-America, Inc., a Missouri Corporation in Good Standing, Equal Employment Advisory Council, Amicus CuriaeCourt of Appeals for the Eighth Circuit · 1996
  2. Hilda G. WORTHINGTON, Appellant, v. UNION PACIFIC RAILROAD, AppelleeCourt of Appeals for the Eighth Circuit · 1991
  3. Rose Nell McKee v. Federal Kemper Life Assurance CompanyCourt of Appeals for the Eighth Circuit · 1991
  4. Budget Marketing, Inc., and Charles A. Eagle, Appellants/cross-Appellees v. Centronics Corporation, Appellee/cross-AppellantCourt of Appeals for the Eighth Circuit · 1991
  5. Imperial Gardens Liquidating Trust v. Northwest Commons, Inc. (In Re Northwest Commons, Inc.)United States Bankruptcy Court, E.D. Missouri · 1991

4 more not listed; retrieve them via the Exa API.

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