United States District Court, E.D. Michigan, Southern Division
MEMORANDUM AND ORDER DENYING DEFENDANTS MOTION FOR
SUMMARY JUDGMENT (Doc. 8) 
COHN UNITED STATES DISTRICT JUDGE
a tort case. Plaintiff Dina Hollenquest-Woods is suing
defendant AutoZone for negligence when she tripped and fell
over a snow-covered parking bumper.
the Court is AutoZone's motion for summary judgment. For
the reasons that follow, the motion will be denied.
material facts as gleaned from the parties' papers
morning of January 12, 2015, plaintiff testified that was
ready to go to work but her car would not start. She informed
her husband who drove her to an AutoZone to purchase a new
battery. This was the first time plaintiff had ever been to
the AutoZone. Plaintiff's husband parked at the front of
inches of snow had fallen overnight and it was still lightly
snowing during the trip to AutoZone.
testified that she exited the vehicle from the passenger side
door and began walking toward an entrance. Her husband called
to her to come to a different entrance. While walking towards
her husband, plaintiff says she tripped and fell when her
right foot encountered something hard. The object was a
parking bumper located at the front of the parking space.
See Exhibit A attached. The parking bumper was
snow-covered. After her fall, plaintiff testified that she
experienced pain in right foot and was unable to walk.
husband testified that he did not see his wife fall but he
was told by a female employee that his wife had just tripped.
Plaintiff's husband also testified that he did not see
any parking bumpers because they were covered by snow.
See Exhibit B attached.
manager, Matthew Roark, testified that on January 12, 2015,
the store opened 7:30 am. He also testified that he had
arrived at the store at 6:00 am and he does not remember any
snow coming down at the time of his arrival. Roark further
testified that when he arrived at the store the parking lot
was covered with snow but could not recall if the parking
bumpers were covered by snow. Roark also testified that when
plaintiff fell, the parking lot was covered with snow and had
not yet been cleared. However, the sidewalks around the
entrance to store had been cleared.
Thomas, another employee of AutoZone, testified that she
spoke to plaintiff's husband who was very angry as he
described that his wife fell because the parking bumper was
covered with snow and not visible.
sustained a a closed right trimalleolar fracture dislocation
of the right ankle. Plaintiff required open reduction
internal fixation surgery which involved a hospital stay and
then rehabilitation at a nursing home and then home care
therapy. Plaintiff was unable to work from the January 12,
2015 until ...