Cheryl Kelly v. Four B. Corporation

693 F. App'x 462

• Court: Court of Appeals for the Eighth Circuit
• Decided: July 17, 2017
• Docket: 16-3852
• Status: Unpublished

Opinion

PER CURIAM.

Cheryl Kelly appeals from an order of the District Court granting summary judgment for the defendants in her removed personal-injury action arising out of a slip- and-fall incident at a grocery store. After de novo review of the record, we conclude that the evidence shows a genuine issue of material fact that precluded summary judgment. See Pippin v. Hill-Rom Co., 615 F.3d 886, 889 (8th Cir. 2010) (standard of review). The evidence, which included video surveillance footage of the • incident, would permit a finder of fact to conclude that one or both defendants were negligent under Missouri law. See id. (recognizing the elements of a Missouri negligence claim as a duty of care, a breach of that duty, and a proximately-caused resulting injury); Smith v. Callaway Bank, 359 S.W.3d 545, 547 (Mo. Ct. App. 2012) (“Whether a defendant’s conduct falls short of the standard of care is generally a question of fact for the jury.”).

Accordingly, we reverse the judgment and remand for further proceedings consistent with this opinion.