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Hudson v. J.H. Harvey Co.

Defendant was entitled to summary judgment because plaintiff did not show why she slipped when she entered defendant's store.

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Eddie Lee Hudson sued J. H. Harvey Company for damages after she slipped and fell in a Harvey’s supermarket. Hudson appeals the trial court’s grant of summary judgement in favor of Harvey. Because there is no evidence that Hudson slipped on a hazard, we affirm.

On December 18, 1996, Hudson went shopping at Harvey’s supermarket. It was raining and Hudson’s neighbors, who had driven her to the store, let her out of the car in front of the entrance. She stepped out of the car and took a few steps to the covered sidewalk outside the store entrance. She went into the store where a rug had been placed just inside the entrance way. Hudson took several steps on the rug and then slipped and fell when her right foot stepped off the rug. She fell onto her hands and knees. Hudson’s pants did not get wet when she fell nor did she see water on the floor. A store patron who saw Hudson fall did not see water on the floor. The store manager inspected the floor after Hudson’s fall and discovered no foreign substances. She testified that she believed that the entrance rug was wet because of the numerous people entering the store on a rainy day, but she had no direct knowledge that the rug was wet.

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