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Medley v. The Home Depot Inc.

Jury questions remained as to whether defendant could have foreseen that teenagers would intentionally spill oil on its floor, creating a hazard.

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Appellant Deedee Medley filed suit against Home Depot for damages she claimed from a fall at a Home Depot store. Home Depot filed a motion for summary judgment, which the state court granted. Medley appeals, arguing that jury issues exist regarding the company’s liability. Because we agree that factual issues remain regarding Home Depot’s liability, we reverse.

The undisputed facts in the record show that Medley was shopping at Home Depot on June 9, 1997. She was looking for an extension cord and pushed her shopping cart halfway down an aisle, looking for the cord. She then left her cart and walked back up the aisle. At some point she asked Andrew Attaway, the department manager, for help in locating the product. When Medley still could not find it, she headed back to her shopping cart. She then slipped and fell on oil, which was on the floor. Medley testified that she did not see the oil or any liquid on the floor before she fell, but that a Home Depot employee told her at the scene that she had slipped in oil.

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