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Freeman v. Wal-Mart Stores Inc.

A factual question remained as to whether the defendant had knowledge of the rolled-up carpet mat lying across an aisle in the defendant's produce department prior to the plaintiff's fall.

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Marilyn Freeman filed a premises liability action against Wal-Mart Stores, Inc. after she fell and injured herself in their Warner Robins store. The trial court granted summary judgment to Wal-Mart, and Mrs. Freeman appeals. Because we conclude that a factual issue exists as to whether Wal-Mart had knowledge of the hazard over which Mrs. Freeman fell, we reverse. When reviewing the grant of a motion for summary judgment, we evaluate the law and the evidence de novo, giving the benefit of all reasonable doubt to, and construing the evidence most favorably toward, the party opposing the motion.1 “The routine issues of premises liability, i.e., the negligence of the defendant and the plaintiff, and the plaintiff’s lack of ordinary care for personal safety, are generally not susceptible to summary adjudication, and summary judgment is granted only when the evidence is plain, palpable and undisputed.”2

The following facts are undisputed: Mrs. Freeman tripped and fell over a rolled-up carpet mat lying across an aisle in the produce department of the Warner Robins Wal-Mart store. This type of mat is usually placed in front of the produce bins to absorb liquids. Approximately 15 minutes before Mrs. Freeman’s fall, a Wal-Mart employee had inspected the area and had seen the rolled-up mat leaning in a corner against a produce shelf, but did not remove it because he did not consider it to be in anyone’s way. He did not know how the mat came to fall across the aisle.

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