Fultz v. Delhaize America, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing that a landowner has a duty to warn an invitee of latent dangers but not open and obvious dangers
• finding that the circuit court “incorrectly . . . short-circuited litigation pretrial and has decided the dispute without permitting the parties to reach a trial on the merits”
• finding plaintiff grandmother distracted from exercising reasonable care when her grandson darted away, and in trying to reach him, she tripped over an open and obvious danger
• stating it is “not appropriate” to grant a request for entry of summary judgment where “the evidence is conflicting on a material point or if reasonable persons may draw different conclusions from the evidence” presented in connection with the request
• where reasonable minds could differ, question as to whether defect is open and obvious was for the jury

Source: CourtListener parenthetical corpus (CC0).