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Kmart Corp. v. Morris

Evidence that the premises owner knew an automatic door would open towards incoming patrons under certain circumstances supported a finding that its knowledge of the danger was superior to plaintiff's.

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Cleo and David Morris sued Kmart Corporation “Kmart” for damages allegedly caused when Mrs. Morris fell at a Kmart store. A jury found in favor of the Morrises, and Kmart appeals. For reasons that follow, we affirm.

On October 21, 1996, Mr. and Mrs. Morris went shopping at their local Kmart. To enter the store, the Morrises had to pass through two automatic doors. Mrs. Morris walked without incident through the first door, which opened inward toward the store. As she approached the second door, however, it swung outward into her path, knocking her to the ground. According to Mr. Morris: “The second door, which leads to the inner part of the store, as Mrs. Morris stepped on the activator or whatever it is the door swung abruptly, swinging back and hitting her and knocking her down.” Mrs. Morris testified that, although she had passed through the Kmart entrance numerous times, she “had never known the door to open back like it did.”

 
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