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Sheats v. The Kroger Co.

The Court partially reversed the grant of summary judgment to a grocery store chain in the plaintiff's personal injury action arising after a package that she took off a shelf broke open, causing glass bottles to fall to the floor and injure her foot when they broke.

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In this personal injury case, Brenda Sheats sued The Kroger Co. and Clayton Distributing Company, Inc. Clayton, asserting claims based upon product liability, ordinary negligence, and res ipsa loquitur. Sheats also filed a motion for spoliation sanctions, asserting that Kroger destroyed evidence that was essential to her complaint.

In Case No. A15A2073, Sheats appeals from the trial court’s order granting summary judgment to Clayton and denying her motion for spoliation sanctions against Kroger. In Case No. A15A2074, Sheats appeals from the grant of summary judgment to Kroger. For the reasons that follow, in Case No. A15A2073, we affirm the trial court’s grant of summary judgment to Clayton, but vacate the trial court’s denial of Sheats’ motion for spoliation sanctions against Kroger, and we remand this case for further proceedings. In Case No. A15A2074, we affirm the trial court’s grant of summary judgment to Kroger on Sheats’ product liability and res ipsa loquitur claims, but reverse the grant of summary judgment to Kroger on Sheats’ ordinary negligence claim.

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