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11/01/93 BRENDA O. GALLOWAY v. SAFEWAY STORES

November 1, 1993

BRENDA O. GALLOWAY, APPELLANT
v.
SAFEWAY STORES, INC., APPELLEE



Appeal from the Superior Court of the District of Columbia; (Hon. Herbert B. Dixon, Jr., Motions Judge)

Before Steadman, Schwelb and Sullivan, Associate Judges.

The opinion of the court was delivered by: Sullivan

SULLIVAN, Associate Judge : Appellant, Brenda O. Galloway, appeals from an order of the motions Judge granting summary judgment in favor of appellee, Safeway Stores, Inc. She contends that the motions Judge erred in ruling that appellee did not have actual or constructive notice of a dangerous condition on its premises. We affirm.

I.

Appellant sued appellee for damages for personal injuries sustained by her while she was a customer in one of appellee's stores. She alleged in her complaint that she was injured "after being struck and knocked to the floor by a shopping cart parked *fn1 by rowdy children on the store premises." Appellant further alleged in her complaint that appellee "negligently failed to inspect, patrol, and maintain the premises in a safe condition, negligently failed to control the premises, negligently failed to prohibit running and rowdiness on the store premises, and negligently knew or should have known that children running and pushing a shopping cart created an unsafe condition for customers shopping at the store."

II.

Appellee filed a motion for summary judgment accompanied by the following statement of material facts that appellee claimed did not show the existence of a genuine issue:

1. On or about February 13, 1990, at approximately 8:30 p.m., plaintiff was shopping at the Safeway Store located at 401 M Street, S.W., in the District of Columbia.

2. At the aforementioned time and place, plaintiff was struck by a shopping cart which was being pushed by some children that were in the store.

3. Plaintiff saw the children in and around the store three times before the incident occurred.

4. When plaintiff saw the children prior to the incident, they were talking and giggling among themselves and being normal children.

5. Prior to the incident, plaintiff did not speak to anyone at the store regarding these children.

6. The store manager on the night of the incident, Percy Drummond, did not receive any reports or complaints from anyone about children running around or ...


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