United States District Court, E.D. Michigan, Southern Division
Elizabeth A. Stafford Mag. Judge.
OPINION AND ORDER GRANTING DEFENDANT'S MOTION FOR
PARTIAL SUMMARY JUDGMENT 
E. Levy United States District Judge.
the Court is Defendant Wal-Mart Stores East, LP's motion
for partial summary judgment. (ECF No. 17.) Plaintiff Rosetta
Davis brought this case against Defendant alleging premises
liability negligence and nuisance. (ECF No. 1.) For the
reasons set forth below, Defendant's motion for summary
judgment as to premises liability negligence is granted.
Plaintiff's nuisance claim is also addressed below.
August 7, 2017, Plaintiff was shopping at Defendant's
store. (ECF No. 22, PageID.220.) While pushing a full-size
shopping cart, she turned a corner, took a few steps and then
stepped on a hanger, which caused her to slip and fall.
(Id.) Plaintiff alleges that she sustained injuries
caused by the fall. Additionally, she underwent back surgery
in February 2018, and suffered from a post-surgical
infection, which Plaintiff alleges also stemmed from the
incident at Defendant's store. (ECF No. 17-1,
testified that she went shopping at Defendant's store and
had a few items in her shopping cart before she entered the
women's clothing section. (ECF No. 17-1, PageID.117.)
Next, she looked right, made a right turn, took about three
steps, stepped on a hanger, and fell. (ECF No.17-1,
PageID.131.) Plaintiff testified that, before she made the
right turn, she looked to make sure her pathway was clear;
she stated, “[i]t was very clear down that way.”
(ECF No.17-1, PageID.132.)
testified that she did not see the hanger before stepping on
it. (ECF No. 17-1, PageID.119.) But after she fell, she
looked for what caused her fall and saw the hanger on the
floor. (Id.) When asked if anything was obstructing
her view of the hanger on the floor before she fell, she
answered, “[n]o.” (Id.) She also
confirmed that the hanger on the floor was not hidden in any
way. (Id. at PageID.120.) Plaintiff testified that
the reason she did not see the hanger before stepping on it
was, “because I had stuff right there in my buggy. I
mean, well, I had stuff in the top part of my buggy and
I'm just browsing and looking where I've got to go,
this way of course, and just went over the-over it.”
(ECF No.17-1, PageID.131.)
admitted that she was not looking where she was stepping, and
that she would have seen the hanger if she had been:
Q: And you referenced earlier that you were-at the time of
your fall you were looking up and scanning the clothes; is
A. Not looking up, I was just-I wasn't looking. As I
turned this corner I was looking toward that way. I
wasn't looking at the clothes, I was browsing coming, and
as I went to turn that's when I went down, after that.
Q. Okay. If you had been looking at the floor you would have
seen the hanger, correct?
A. Oh, yes, definitely. And I would-yeah.
(ECF No. 17-1, PageID.134.)