Shea v. Kevic Corporation
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Appellant Irina Shea brought a negligence suit against Respondent Kevic Corporation (Kevic), d/b/a Lett’s Downtown Car Wash. Shea claimed that she was injured when she slipped and fell on ice near the exit of the car wash due to Kevic’s negligence in allowing ice to build up near the car wash exit or in failing to warn of the danger of ice buildup. The district court granted Kevic’s motion to strike portions of the affidavit of Shea’s attorney Henry Madsen and also granted Kevic’s motion for summary judgment. Shea appealed these rulings. In addition, Shea appealed the district court’s denial of her two motions for reconsideration. Kevic cross-appealed the district court’s order denying its motion to strike portions of Shea’s affidavit, which Shea filed in support of her first motion for reconsideration. Finding only that the District Court erred in granting summary judgment to Kevic because Shea showed genuine issues of material fact, the Supreme Court reversed on this issue, affirmed in all other respects, and remanded the case for further proceedings.
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