Habershaw v. Michaels Stores, Inc.
Annotate this CaseThis negligence and breach of contract action arose out of Plaintiff's fall in one of Defendant's stores. Plaintiff Maureen Habershaw appealed from the superior court's grant of a motion for summary judgment in favor of Defendant, Michaels Stores. At issue on appeal was whether an allegation that a floor was shiny, standing alone, could withstand a challenge to a claim that a plaintiff was injured as a result of a dangerous condition. The Supreme Court affirmed, holding that the superior court did not err when it granted Defendant's motion for summary judgment because there was no issue of material fact about whether a dangerous condition existed at the time of Plaintiff's fall. To the contrary, the Court held, there was a complete absence of any evidence upon which Defendant's negligence could be established.
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