Clark v. Kmart Corp.

Annie Clark (plaintiff) slipped on grapes on the floor of a Kmart (defendant) store and was injured. She could not directly prove how long the grapes had been on the floor or that a Kmart employee actually knew about them, but she offered circumstantial evidence — including the condition and location of the grapes — suggesting the store should have discovered and cleaned up the hazard through reasonable inspection. The lower courts had to decide whether this circumstantial showing was enough to survive summary judgment.