No specific laws identified for this ruling.
Summary judgment for defendants was affirmed as to two defendants but reversed as to Food Lion, LLC, the store owner/operator, due to genuine issues of material fact regarding premises liability duty to warn of hidden dangers from a buffing machine.
1. Appeal and Error — preservation of issues — failure to raise issue in complaint Although plaintiff contends the trial court erred in a premises liability case by entering summary judgment in favor of defendants when there was a genuine issue of material fact as to whether the person who injured her was an employee, agent, or independent contractor of defendants, this issue is dismissed because plaintiff failed to raise this issue in her complaint or to base her theory of recovery from defendants on vicarious liability. 2. Premises Liability — open and obvious danger — summary judgment — failure to allege agents The trial court did not err in a premises liability case by granting summary judgment in favor of two of the defendants even though plaintiff contends the danger created by the high-speed buffing machine that caused her injury was not so open or obvious that as a matter of law defendants were relieved of their duty to protect visitors from or to warn visitors about such a dangerous condition, because: (1) these defendants did not own or operate the store in which plaintiffs injury occurred; and (2) plaintiff failed to allege in her complaint that either of these two defendants were agents of defendant grocery store.Page 208 3. Premises Liability — duty to keep premises safe and warn of hidden dangers — summary judgment — genuine issue of material fact The trial court erred by granting summary judgment in favor of defendant grocery store in plaintiff's action to recover for injuries received when she was struck by a buffer machine in the store because: (1) defendant as owner and operator of the store owed a duty to plaintiff to keep its premises safe and to warn her of any hidden dangers on its premises; and (2) there was more than one inference that could b
This summary was generated to explain the ruling in plain English and is not legal advice.
Summary judgment/Employer intentional tort/Spoliation of evidence/Property claims
unemployment benefits; discharge; voluntary departure; misconduct; benefit eligibility.
second opinion evaluation, temporary partial disability, wage records
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