Legal Environment of Business 8th Edition by Henry Cheeseman

Exercise 3

Summary Judgment Sandra Primrose, who was 73 years old, was shopping in a Walmart store owned and operated by Wal-Mart Stores, Inc. (Walmart). She picked up a watermelon from a large display stand and as she took several steps around the display to reach her shopping cart, she tripped over a corner of the dis­play. Primrose sustained a concussion and other seri­ous injuries as a result of the accident. Primrose sued Walmart for negligence to recover damages, alleging that Walmart "created a trap" for her. Evidence showed that the watermelon display had been used for more than four years without incident, and photographs showed that the four corners of the display were visibly marked with "Watch Step" warning signs. Walmart noted that the area in question was open and obvious. Walmart, alleging that no material facts were in dispute, made a motion for summary judgment, which plaintiff Prim­rose objected to. Should Walmart be granted sum­mary judgment? Primrose v. Wal-Mart Stores, Inc. , 127 So.3d 13, 2013 La. App. Lexis 1985 (Court of Appeals of Louisiana, 2013)