04-1248-FT Hahn, et al. v. Trig’s Food and Drug Inc., et al.

By: dmc-admin//December 6, 2004//

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Penny and Ronald Hahn appeal a summary judgment dismissing their personal injury action against Trig’s Food & Drug, Inc. and its insurers. The Hahns allege negligence and violation of the Safe Place Statute based on an injury Penny suffered when an automatic door unexpectedly closed, striking her elbow. The trial court concluded that the action could not be maintained because the Hahns’ expert witness, Russell Fote, could not establish beyond speculation or conjecture that Hahn’s injuries were caused by Trig’s failure to inspect the automatic door.

Because we conclude that the Hahns presented sufficient evidence to preclude summary judgment, we reverse the judgment and remand the matter for further proceedings.

This opinion will not be published.

Dist III, Oneida County, Mangerson, J., Per Curiam

Attorneys:

For Appellant: Angela E. McGraw, Watertown

For Respondent: Michael L. Eckert, Rhinelander; Sven W. Strutz, Rhinelander

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