Tony Maddox, et al v. Townsend & Son, No. 10-60330 (5th Cir. 2011)
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Plaintiffs, a husband and wife, sued defendants alleging that defendants failed to keep its premises reasonably safe and failed to warn the husband of unknown dangers when the husband injured himself at defendants' store. At issue was whether summary judgment in favor of defendants was proper where the husband was injured while leaning on a chain hanging from defendants' premises during a grocery delivery the husband made to defendants' store. The court held that summary judgment was not proper where there were genuine issues of material fact regarding the reasonable safety of the chain and defendants' store, the defendants' failure to warn the husband of any danger, and the degree of fault attributed to the husband.
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