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Parker v. Harp's Food Store6/8/2005
NOT DESIGNATED FOR PUBLICATION
Appellant, Marion Reba Parker, appeals from the Garland County Circuit Court's entry of summary judgment in favor of appellee, Harp's Food Store, Inc. ("Harp's"). Ms. Parker has two points on appeal. First, she argues that she sufficiently pleaded a cause of action against Harp's for damages due to negligence. Second, she argues that despite the open and obvious nature of the danger in question, Harp's is liable for her injuries. We affirm.
On August 5, 2003, Ms. Parker filed a complaint alleging negligence and damages in excess of $50,000 against Harp's Food Stores, Inc., d/b/a Price Cutter Food Warehouse. Ms. Parker specifically alleged that on August 21, 2000, she was injured when she fell over a ledge in the handicapped parking area outside Harp's. Harp's responded with a motion for summary judgment filed on February 23, 2004. Attached to the motion for summary judgment was the deposition of Ms. Parker in which she explained that she fell after exiting her vehicle at Harp's in Hot Springs. She asserted that she exited her vehicle and opened the back passenger door to retrieve her purse from the back seat. As she closed the back passenger door, she turned around and began walking toward the front door of the store. After taking two or three steps, she "stumped her toe" on, what she later determined, was "a little ledge." She fell completely to the ground, hitting her left shoulder and knee first and injuring both.
The affidavits of Ken Bennett and Porter Brownlee were also attached to the motion for summary judgment. Mr. Bennett, director of insurance for Harp's, stated that during the week of August 20, 2000, a minimum of 7,533 customers entered the Harp's store in Hot Springs and made purchases. Of those 7,533 customers, Ms. Parker is the only patron that fell and injured herself. For the year 2000, there were no claims made by customers other than Ms. Parker of falling because of alleged defects in the condition of the ramps or curbs surrounding the store. Porter Brownlee had been in the construction business since 1963. He conducted an on-site inspection of the handicap entrance ramp to the Harp's store. He stated in his affidavit that he made the following conclusions based on his inspection:
1. The concrete entrance ramp located in front of the store is cast within the requirements of the Americans with Disabilities Act (ADA) wherein the front slope does not exceed 1:20 and the side slopes do not exceed 1:10. (Section 4.3 and 4.7).
1. The concrete ramp/asphalt parking lot joints on the right side of the ramp reflect varying vertical edge heights from virtually flush to 5/8". The first eleven feet of this area, however, reflects varying vertical edge heights from virtually flush to 1/4". (See enclosed grid.)
He concluded that based upon Ms. Parker's testimony regarding the area in which she fell and his inspection of the area, the ramp area was in compliance with the limits required by the Americans with Disabilities Act; and furthermore, the ramp did not create a dangerous area.
On July 16, 2004, the trial court entered an order granting summary judgment in favor of Harp's. In the order, the trial court stated that "after reviewing the pleadings, attachments and the entire record of this matter, and after considering argument of counsel made at the hearing on the Motion, [this Court] concludes that there are no genuine issues of material fact and, therefore, the Motion is GRANTED." Ms. Parker filed a timely notice of appeal from the order granting summary judgment.
The standard of review for appeals from a grant of summary judgment is well-established:
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