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Clark v. Kmart Corp.

Supreme Court of Michigan
634 N.W.2d 347 (2001)


Facts

In October 1994, Annie Clark (plaintiff) visited a department store owned by Kmart Corporation (Kmart) (defendant). As Clark walked through a closed checkout lane to enter the store, Clark slipped on several loose grapes scattered throughout the lane, injuring herself during the fall. Clark’s husband testified that the grapes had already been stepped on prior to Clark’s fall. Clark brought a negligence suit against Kmart, and at trial, a jury returned a verdict in Clark’s favor. Kmart’s motion for a directed verdict was denied, and Kmart appealed. The court of appeals reversed the trial court’s decision, holding that Kmart was entitled to a directed verdict because Clark had provided insufficient evidence that Kmart should have been on notice of the grapes. Clark appealed.

Rule of Law

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Issue

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Holding and Reasoning (Per curiam)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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