LOUISE B. WARREN and JESSE WARREN, JR. v. ROSSO and MASTRACCO, INCORPORATED d/b/a GIANT OPEN AIR OF MURFREESBORO, 78 N.C. App. 163

Summary

The wife filed a negligence action against the company, seeking damages for injuries to her right shoulder and right foot, which allegedly occurred when she slipped and fell in human excrement, which was on the floor of the company's business. The husband filed a negligence action against the company for alleged loss of consortium. They alleged that the company was negligent in failing to remove the human waste or failing to warn of the waste's presence. The company filed a motion for summary judgment and submitted affidavits of three of its employees. The employee affidavits provided that an old lady who was immediately in front of the wife placed excrement on the floor. The affidavits further provided that the wife immediately slipped in such excrement before there was a chance for it to be cleaned up. The wife's own affidavit provided that the excrement was on the floor for a significant period of time before she slipped. The trial court granted the company's motion. The court ...