The plaintiff was injured when she fell while chasing a rolling shopping cart in a sloped parking garage at a shopping mall.
The defendant mall owners moved for summary judgment.
The court dismissed the plaintiff's 'unsafe parking lot' theory, as the defendants provided uncontradicted expert evidence that the ramp complied with safety standards.
However, the court deferred judgment on the 'unsafe shopping cart' theory, giving the plaintiff an opportunity to amend her pleadings, demand a defence from the retailer that provided the cart, and obtain expert evidence.