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Bone v. The Children's Place Inc.

The defendant presented no evidence in support of its motion for summary judgment on plaintiff's premises liability claims and therefore failed to pierce the allegations set forth in plaintiff's pleadings.

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In this premises liability action, Michelle Bone appeals from the trial court’s order granting summary judgment in favor of The Children’s Place Retail Stores, Inc. “Children’s Place” on Bone’s claims arising from injuries her daughter, Mollie Frances Bone, sustained while shopping with her mother at a Children’s Place store. Finding that Children’s Place failed to present any evidence in support of its motion, and therefore failed to pierce the allegations set forth in Bone’s pleadings, we reverse. “On appeal from a grant of summary judgment, we conduct a de novo review of the evidence to determine if there exists a genuine issue of material fact and whether the undisputed facts, viewed in the light most favorable to the nonmoving party, entitle the movant to judgment as a matter of law.” Smith v. Atlantic Mut. Ins. Cos. 1

So viewed, the record shows that Bone and the then-20-month-old Mollie were shopping at a Children’s Place store in August 2006 when Mollie cut her eye on the end of a clothing rack, which was protruding out into an aisle. Acting individually, and as the natural guardian of Mollie, Bone sued Children’s Place on a theory of premises liability. Bone alleged, inter alia: 1 that the placement of the clothing rack, with an uncovered, protruding edge, at a child’s eye level, constituted a dangerous condition; 2 that Children’s Place had actual or constructive knowledge of this dangerous condition, superior to that of Bone; and 3 that Children’s Place had actual or constructive knowledge of similar injuries occurring in their stores resulting from the placement of store fixtures in such a manner that they were hazardous to young children.

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